IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 28.10.2021

Pronounced on: 10.11.2020

WP(C) No.1754/2021

CM No.5840/2021

M/S AL-QAIMOON CONSTRUCTIONS ...PETITIONER(S)

Through: - Mr. M. A. Beigh, Advocate.

Vs.

COMMR/SECRETARY & ORS.

…RESPONDENT(S)

Through: - Mr. Irfan Andleeb, Dy. AG.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

Petitioner has filed the instant petition seeking a direction upon

respondents to release a sum of Rs.24,37,410/ in its favour, which,

according to the petitioner, is outstanding in respect of the works

executed by it pursuant to allotment order No.PHB/7977-79 dated

18.01.2020.

2)

It is averred in the petition that in response to NIT

No.24/PHED/Bijbehara of 2019-20 dated 13.12.2019 through e-

tendering process, the petitioner offered its bids and thereafter, vide

allotment order No.PHB/7911-79 dated 18.01.2020, the work for

construction of 0.75 lac Gallons RCC dome type clear water sump for

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water supply scheme, Shoul Sarsona was allotted in favour of the

petitioner. The cost of the work was Rs37.11 lacs. It is further averred

that after the allotment of work, the agreement/contract No.655/PHB of

1/2020 was executed by respondents in favour of the petitioner

whereafter the petitioner started execution of the work by mobilizing

men and machinery. It is further averred that after successful

completion of the allotted work, the same was checked and measured

by the respondents and a bill in the amount of Rs.28,76,000/ was raised

by the petitioner before respondent No.5. After verification and

authentication of this bill, net amount of Rs.24,37,410/ was found

payable in favour of the petitioner. According to the petitioner, this

amount has remained unpaid though the same is not being disputed by

the respondents.

3)

It is further averred that a Committee constituted by the

respondents in terms of Government Order No.49-JK(JSD) of 2021

dated 25.02.2021 conducted physical verification of the works done

which included the work allotted to the petitioner and the said

Committee has physically verified the work executed by the petitioner.

Finally, petitioner has submitted that despite repeated requests to the

respondents, the admitted amount of Rs.24,37,410/ has not been paid

to the petitioner who has raised bank loan to execute the work in

question.

4)

Reply on behalf of respondents has been filed. In their reply,

respondents have admitted that the work in question was allotted in

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favour of the petitioner in terms of allotment order dated 18.01.2020. It

is also admitted by respondents that after completion of work, petitioner

had submitted bills which have been passed for an amount of

Rs.24,37,410/. It is averred that the Committee constituted by the

Government for physical verification of the work executed under

languishing projects has also conducted physical verification of the

work executed by the petitioner and it has submitted its report to the

Government. However, it is submitted that the response of the

Government regarding release of payment of the petitioner is still

awaited and as and when the Government will issue orders for release

of the payment, the same will be released in accordance with rules in

favour of the petitioner.

5)

I have heard learned counsel for the parties and perused the

material on record.

6)

From the response of the respondents, it is clear that they have

not raised any dispute as regards their liability to pay the amount of

Rs.24,37,410/ to the petitioner. The allotment of work and its execution

by the petitioner has also been admitted. The amount claimed by the

petitioner from the respondents is also not in dispute and it is also not

in dispute that the work has been physically verified by the

Government. The only plea taken by respondents in their r