CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGMENT

BRIEF FACTS

1. Through the medium of the instant writ petition, the petitioners seek issuance of a writ of mandamus commanding the respondents to release the admitted amount of Rs. 24.99 lakhs in favour of the petitioners on account of developmental works executed at Historic Trehgam Spring, Block Trehgam, District Kupwara, under HEG, 13th Finance Commission and MGNREGA during the year 2018, along with such other writ, order or direction as this Court may deem fit and proper in the facts and circumstances of the case.

2. It is the specific case of the petitioners that they, being members of the Elaquai Welfare Committee and inhabitants of the area, were verbally directed by the official respondents, particularly respondent No. 3, to execute the aforesaid works. Acting upon such directions, the petitioners executed the works strictly in accordance with the specifications and to the satisfaction of the respondents and thereafter handed over the same.

3. It is pleaded that although the respondents released an amount of Rs. 20 lakhs, the balance amount of Rs. 24.99 lakhs, constituting the admitted liability, was illegally withheld without any justification. According to the petitioners, several inter departmental communications issued by the respondents themselves acknowledge the subsisting liability and request its clearance.

4. Reference has been made to communication dated 27.10.2021 issued by the Block Development Officer, Trehgam, requesting the Assistant Commissioner Development, Kupwara, for clearing the liability in respect of the works executed by the petitioners; communication dated 03.02.2022 issued by the office of the District Development Commissioner, Kupwara asking the District Panchayat Officer to explore the possibility of clearance of work-done claims under overall savings of 14th Finance Commission grants to the extent of Rs. 24.99 lakhs; and communication dated 24.02.2022 issued by the District Panchayat Officer, Kupwara, again requesting clearance of the work-done claims.

5. It is further pleaded that the petitioners had raised loans from different financial institutions for execution of the works with the legitimate expectation that payment would be released upon completion. However, due to continued withholding of the admitted amount, the petitioners have suffered severe financial hardship and have been compelled to pay interest on such borrowings. Repeated representations made by the petitioners as well as by the inhabitants of village Trehgam through the Welfare Committee failed to evoke any response, constraining the petitioners to invoke the extraordinary writ jurisdiction of this Court.

Submissions on behalf of the Petitioners

6. Learned counsel Mr. Sheikh Manzoor appearing for the petitioners submitted that the respondents have themselves admitted the execution of works as well as the liability of Rs. 24.99 lakhs and, therefore, no disputed question of fact survives for adjudication by this Court. It is contended that once the respondents have accepted the completion of the works and have derived benefit therefrom, withholding of payment becomes wholly arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India.

7. It is further argued that the petitioners executed the works on the specific directions of the respondents and in the legitimate expectation that the amount due would be released immediately upon completion. The respondents, after having enjoyed the benefit of the completed public works, cannot be permitted to deny lawful dues to the petitioners on one pretext or the other.

8. Learned counsel submitted that the plea of non-availability of funds is wholly untenable in law, inasmuch as financial constraints cannot be pleaded by the State to defeat admitted liabilities. It is argued that official communications as well as affidavits filed by the respondents before this Court unequivocally establish that t