Jammu and Kashmir High Court
CPOWP/127/2018 of M/S SHIVAM ENGINEERING WORKS Vs M.RAJU SECY.P.H.E.DEPTT. on 14 August 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CPOWP No. 127/2018 M/s Shivam Engineering Works …..Appellant(s)/Petitioner(s) Through: Ms. Rozina Afzal, Sr. Advocate with Ms. Ishrat Bukhari, Advocate vs M. Raju Secy. P.H.E. Deptt. .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPOWP No. 127/2018
M/s Shivam Engineering Works
…..Appellant(s)/Petitioner(s)
Through: Ms. Rozina Afzal, Sr. Advocate with Ms. Ishrat Bukhari, Advocate
vs
M. Raju Secy. P.H.E. Deptt.
.…. Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG with
Ms. Sagira Jaffar, Advocate
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
14.08.2026
1. In the earlier status report filed by the respondents, it was stated that the petitioner firm had not submitted all the requisite bills/claims with the respondents. In the subsequent status report filed by the respondents, it is stated that the office has examined the photocopies of the bills submitted by the petitioner and upon such examination, it was found that the bills submitted by the petitioner were not verified by any official of the department and moreover the same were not found entered in the Measurement Book maintained by the concerned Junior Engineer/Assistant Executive Engineer. Further, from the available records in the divisional office, it cannot be ascertained that the works have been executed. This shows that the bills are not genuine as per the record available. Therefore, the payment cannot be made to the petitioner as claimed by him.
2. In terms of order dated 21.02.2018, the writ petition was disposed with a direction to respondent No. 3 to release the amount outstanding for the work executed by the petitioner-firm for repair of the centrifugal Serial No. 39
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pumps/submersible pumps of the department of the respondents. Simultaneously, the writ Court had observed that the Court had not expressed any opinion on the merits of the claim of the petitioner.
3. In view of the status report filed by the respondents, there is serious dispute with regard to the documents, made basis for claiming the amount from the respondents.
4. In view of the above, the proceedings in the present contempt petition are closed with liberty to the petitioner to avail an appropriate remedy as available under law.
5. Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 14.08.2026 Neha-II NEHA KUMARI 2026.08.14 16:31 I attest to the accuracy and integrity of this document