Jammu and Kashmir High Court
WP(C)/2896/2022 of RAJEEV SHARMA Vs U T OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPTT AND OTHERS on 31 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2896/2022 Rajeev Sharma …. Petitioner(s) Through :- Mr. Navyug Sethi, Advocate. V/s UT of J&K and Ors. …. Respondent(s) Through :- Mr. R.S. Jamwal, AAG for R- 1 to 4. Ms. Aparna Dharmat, Advocate for R-5. Coram:
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2896/2022
Rajeev Sharma
Through :- Mr. Navyug Sethi, Advocate.
V/s
UT of J&K and Ors.
…. Respondent(s)
Through :- Mr. R.S. Jamwal, AAG for R- 1 to 4. Ms. Aparna Dharmat, Advocate for R-5. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
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ORDER
31.12.2022
A short submission made by learned counsel for the petitioner is that he would be satisfied in case a direction is issued to the respondents to accord consideration to release the admitted liability of the petitioner to the tune of Rs 18,87,300/- which finds mention in communication dated 14.02.2022 issued by the concerned Executive Engineer, Irrigation Division No.1, Jammu to the Superintendent Engineer Hydraulic Circle, Jammu and also the communication issued by the Superintendent Engineer dated 01.10.2021 to the District Development Commissioner, Jammu.
The learned counsel for the petitioner has also placed on record the completion certificate dated 30.06.2018 issued by the concerned Executive Engineer, as Annexure-IV with the present writ petition wherein it has been certified that the petitioner has executed the work successfully with effect from October, 2017 to the said date, the details of which finds mention in the aforesaid completion certificate.
Learned counsel for the petitioner further submits that he has already filed an application before the Superintendent Engineer, Hydraulic circle, Jammu for the release of the aforesaid admitted amount in pursuant to which the communication has also been issued by the concerned Superintendent Engineer to the District Development Commissioner, Jammu dated 01.10.2021 vide No. SE/HYD/DB/5997-99 for the release of funds so that the liability of the petitioner can be cleared.
The learned counsel for the petitioner further contends that in spite of the fact, the aforesaid communication was issued way back on 01.10.2021 but till date, nothing tangible has been done and the admitted liability for the work executed by the petitioner has not been released, with the result the petitioner has been put to a recurring loss.
Heard learned counsel for the parties and perused the material on record.
The present writ petition is disposed of at this stage without issuing formal notice to the respondents and the respondents are directed to take a decision with regard to the release of the admitted liability in favour of the petitioner for work done if there is no other legal impediment within a period of six weeks from today.
A copy of the order along with writ petition with all its annexures shall be supplied to respondent No.5 within aforesaid period.
The instant writ petition is disposed of.
Jammu: 31.12.2022 Neha-1
(Wasim Sadiq Nargal) Judge