Jammu and Kashmir High Court

WP(C)/267/2023 of AIJAZ AHMAD KUNDJI Vs UNION TERRITORY OF J AND K AND OTHERS. (IRRIGATION AND FLOOD CONTROL DEPARTMENT on 6 August 2026

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OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 267/2023 CM No. (522/2023) Aijaz Ahmad Kundji …Applicant(s)/Petitioner(s) Through: Mr. Wajid Mohammad Haseeb, Advocate VERSUS Union Territory of J&K And Ors. …Respondent(s) Through: Mr. Jahangir Dar, GA CORAM:

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) No. 267/2023

CM No. (522/2023)

Aijaz Ahmad Kundji

…Applicant(s)/Petitioner(s)

Through: Mr. Wajid Mohammad Haseeb, Advocate

VERSUS

Union Territory of J&K And Ors.

…Respondent(s)

Through: Mr. Jahangir Dar, GA

CORAM:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.

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ORDER

06.08.2026

1. The petitioner has come to this Court with a claim that an amount of Rs. 5,94,000/- for the work done by him by reference to Work Allotment Nos. 05 dated 27.05.2019, 08 dated 27.05.2019, 09 dated 27.05.2019, 10 dated 28.05.2019 and 11 dated 01.06.2019 is held up despite the fact that the petitioner has been seeking the indulgence for the release of said payment even to the extent of a communication from Executive Engineer, Irrigation and Flood Control, Division Srinagar addressed to Superintending Engineer, Hydraulic Circle, Srinagar on 10.03.2020 but after getting Sr. No. 78 Regular

no response from all the quarters came forward with the writ petition on 07.02.2023 before this Court which has remained pending on the docket of this Court for the last more than 3 years with the reply only from the end of the Executive Engineer, Irrigation and Flood Control, Division Srinagar in which there is no express denial to the fact that the petitioner has claimed for said liability for payment of Rs. 5,94,000/-.

2. In the light of this, this Court deems it appropriate to dispose of this writ petition with a direction exclusive to the Chief Engineer, Jal Shakti (I&FC) Department, Kashmir to examine the case of the petitioner in the light of the work orders as referred above.

3. In case if the allotment of the work and execution of the work has taken place notwithstanding whether it was with administrative approval or not, then to consider the case for release of the payment in favour of the petitioner by taking up the matter with the Government if need be.

4. Needful exercise to be done at the end of the Chief Engineer, Jal Shakti (I&FC) Department, Kashmir within a period of three months by or before 15.11.2026.

5. Any outcome adverse to the petitioner shall make him entitled to come to this Court again notwithstanding the disposal of this writ petition in the manner as accorded.

6. Disposed of.

(RAHUL BHARTI)

JUDGE

SRINAGAR 06.08.2026 Akhil Dev

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