Jammu and Kashmir High Court
WP(C)/2862/2022 of JOGINDER PAL Vs U T OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI AND OTHERS on 31 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2826/2022 Joginder Pal …..Appellant(s)/Petitioner(s) Through: Mr. Zulkernain Sheikh, Advocate Vs UT of J&K and Ors .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 31.12.2022 01.
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HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
WP(C) No. 2826/2022
…..Appellant(s)/Petitioner(s)
Joginder Pal
Through:Mr. Zulkernain Sheikh, Advocate
Vs
UT of J&K and Ors
.…. Respondent(s)
: Through
Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER31.12.2022
01. Learned counsel for petitioner contends that the petitioner is running a business enterprise dealing with the business of transport who been providing vehicles on hire charges to the PHE Department for the last many years and the pickup van of the petitioner bearing registration No.JK0BA-0569 was deployed with the Department w.e.f. July, 2019 to January, 2021 for regular inspection, maintenance of pumping machinery and maintenance staff at different places under the jurisdiction of PHE Mechanical Sub-Division Samba-I.
02. It is submitted that despite availing the services and using aforesaid vehicle w.e.f. July, 2019 to January, 202l no payment on account of hire charges and POL has been made in favour of the petitioner and till date there is an outstanding liability of ₹ 4.72 Lakh accumulated which has been admitted by the respondent no.4 in his communication No. PHES/30019-20 dated 29.01.2022 to the Superintending Engineer, Hydraulic Circle, Jammu i.e. respondent No.3 wherein it was mentioned that the pickup van of the petitioner has been deployed by the Department and till date a liability amounting to ₹ 4.72 lakh has been accumulated. A representation dated 10.05.2022 has also been filed by the petitioner but tilldate the grievance of the petitioner was not redressed, and, as such, due to the inaction on the part of the respondents the petitioner has approached this court through the medium of this writ petition seeking redressal of his grievances. Learned counsel for the petitioner further submits that the petitioner will be satisfied in case the respondents are directed to dispose of the representation dated 10.05.2022 filed by the petitioner before the respondents.
03. Heard.
04. Admit.
05. In view of the above submissions made by learned counsel for the petitioner, the instant petition is disposed of at this threshold stage by directing the respondents to accord consideration and pass a speaking order to the representation allegedly to have been filed by the petitioner before them seeking payment of ₹ 4.72 Lakh which have accumulated in favour of the petitioner on account of non-payment of hire charges of the vehicle hired by the PHE Department in accordance with the Rules in vogue within a period of six weeks from the date copy of this order along with the copy of writ petition attached with all annexures so filed with the writ petition are made available to the respondents.
(Wasim Sadiq Nargal) Judge
Jammu 31.12.2022 Sunita