Regular Cause list v. Union Territory of J&K & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. With the consent of the learned appearing counsel for the parties, the present writ petition is taken up for final disposal at this stage and is disposed of with a direction to the respondents to treat this writ petition as representation on behalf of…
Judgment
Through: Mr. Aushaq Hussain Shah, Advocate. Vs. Union Territory of J&K and Others. ...Respondent(s) Through: Mr. Jehangir Ahmad Dar, GA vice Mr. Ilyas Nazir Laway, GA. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 12.02.2024
Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents for release an of amount of Rs. 4,71,176/- which has remained unpaid to the petitioner on account of having executed the contract work viz. “Development of Central Verge of Byepass from Chanapora Bridge towards Nowgam Chowk”.
The learned counsel for the petitioner submits that the work in question came to be allowed to the petitioner vide Letter of Allotment No. LD/1108-03 dated 9th June, 2018 and this work came to be executed by him at the total bill amount of Rs. 6,21,176/- out of which he came to be paid Rs. 1,50,000/- leaving the rest amount of Rs. 4,71,176/- as unpaid and till date, the petitioner is being made to run from pillar to post for seeking its release.
The writ petition came up for consideration on 12th January, 2024, and notice came to be issued to the respondents for filing the objections.
The learned counsel for the petitioner submits that he would feel satisfied if the present writ petition is disposed of at this stage with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and decide the same in accordance with law within some reasonable time frame.
On the asking of the Court, Mr. Jehangir Ahmad Dar, the learned Government Advocate entered appearance vice Mr. Ilyas Nazir Laway, the learned Government Advocate and is not averse to the disposal of the present petition at this stage or else to the prayer made by the counsel for the petitioner. However, he submits that the representation of the petitioner would be considered in accordance with the rules and as per law occupying the field.
With the consent of the learned appearing counsel for the parties, the present writ petition is taken up for final disposal at this stage and is disposed of with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and accord consideration to the same strictly in conformity with the rules and as per law within a period of six weeks, from the date copy of the writ petition along with its annexures as also a copy of this order is made available to the respondents. It is made clear that while considering the representation of the petitioner, the respondents shall also give due weightage to communication (Annexure-III) placed on record.
05. Writ petition disposed of along with connected CM in the manner as indicated above. SRINAGAR: 12.02.2024 “Hamid” (WASIM SADIQ NARGAL) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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