✦ High Court of Jammu & Kashmir and Ladakh

LADAKH AT SRINAGAR WP(C) No. 106 of 2025 · High Court of Jammu & Kashmir and Ladakh

LADAKH AT SRINAGAR WP(C) No. 106 of 2025MOHD YOUSUF WANI

Case at a glance

Bench
MOHD YOUSUF WANI

Outcome

Disposed of

Accordingly, the instant petition is disposed of with the direction to the

Provisions considered

Key paragraphs

  • Para 0404. Accordingly, the instant petition is disposed of with the direction to the respondents to ensure the release of the admitted liability in favour of the petitioner within a period of four weeks from the date a certified copy of this Order is made available…

Judgment

Through: Mr. Umar Rashid Wani, Adv, vice Mr. Zahid Khan, Adv. Vs. UT of Jammu and Kashmir and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 17.01.2025

01.

The short controversy raised through the instant petition filed under the provisions of Article 226 of the Constitution of India by the petitioner is that in pursuance of a work contract allotted to him pursuant to the finalization of tender process arising out of NIT No. SKIMS/WDB/13 of 2018 dated 9th October, 2018, he completed the requisite work i.e., “covering approach newly constructed Casualty Block and some allied works” at SKIMS MCH Bemina, Srinagar, and handed over the completed work to the respondents, but his admitted liability as per his bills is still outstanding from the respondents on account of which e fact that he has been badly suffering.

02.

It is submitted by learned counsel for the petitioner that the petitioner, who is a Contractor by profession, has undertaken the subject work after raising the financial assistance from the Bank and has been paying a huge interest thereon. He further submitted that liability claimed in this petition has been admitted by the respondents which is evident from the communication bearing No. SKIMS/MCH/308/AEE/22/630 dated 28th December, 2022, addressed by the Assistant Executive Engineer Civil, SKIMS MCH Bemina, Srinagar, to the Executive Engineer (Civil) SKIMS MCH Bemina.

03.

In the backdrop, this Court is of the opinion that this writ petition can be disposed of at its threshold stage by passing appropriate orders having regard to the fact that the claim of the petitioner has already been admitted by the respondents.

Operative part

04.

Accordingly, the instant petition is disposed of with the direction to the respondents to ensure the release of the admitted liability in favour of the petitioner within a period of four weeks from the date a certified copy of this Order is made available to them under report of compliance to the Registry of this Court.

05.

Disposed of in the aforesaid terms. SRINAGAR: 17.01.2025 “Shamim Dar” (MOHD YOUSUF WANI) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the instant petition is disposed of with the direction to the

Which statutory provisions did this judgment involve?

Constitution of India — art. 226.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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