WP(C) No. 2089 of 2024 · High Court of Jammu & Kashmir and Ladakh

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 30.08.2024

By way of this petition, the petitioner is seeking a direction to the respondents to release the admitted liability of Rs. 8.36 lacs along with interest, in favour of the petitioner on account of the execution of work regarding construction of 1st Floor at Tourist Convention Centre Teligarh, Bhaderwah allotted to the petitioner in pursuant to different e- NITs.

The grievance of the petitioner is that he was allotted balance work of Tourist Convention Center Teligarh, Bhaderwah which included civil works, Sanitary and electrification works, vide Allotment Nos. BDA/e-NIT/2020/PS/126-31

02.09.2020, BDA/e- NIT/2020/PS/155-60 dated 06.10.2020 and BDA/e-NIT/2020- 2/PS/168-73 dated 10.10.2020 for an amount of Rs. 1,00,99,456/-, Rs. 9,20,272 and Rs. 16,15,210/- respectively. The petitioner successfully completed the allotted work within the stipulated time to the entire 2 satisfaction of the respondents and the said work has been duly verified and checked by respondent Nos.2 and 3.

It is submitted that final bill has been submitted by the petitioner in May-June 2021 which was duly checked and verified by the concerned staff and respondent No.3 also. The petitioner has executed tune of Rs. 1,28,34,903/- and has been paid total sum of Rs. 1.20 Crores against the final bills. However, the rest of the payment against final bill to the tune of Rs. 8.36 lacs is yet to be paid to the petitioner and the petitioner is also to be paid Rs. 2.00 for extra-work done by him at the same work site on the directions of respondent Nos. 2 and 3.

The petitioner placed reliance departmental communication dated 18.01.2023 issued by Chief Executive Officer, Bhaderwah Dev. Authority, Bhaderwah as well as the response to the notice given by the petitioner in which the respondents have admitted liability but have denied payment due to deficiency of funds.

It is stated that the petitioner successfully completed the allotted works within the stipulated time and the works have been duly verified and checked by the respondents. Despite the works having been completed in all respects, payment due to the petitioner for an amount of Rs. 8.36 lacs has not been released in favour of the petitioner till date.

In M/s Surya Construction Vs. The State of U.P. in Civil Appeal No. 2610/2010 dated 02.05.2010’, it is held that it is well settled, even in the realm of contract, this Court can interfere under 3 Article 226 of the Constitution of India as held in ABL International Ltd. and Another V. Export Credit Guarantee Corporation of India Ltd. and Others (2004 (3) SCC 553). The State, while entering into contract or agreement with private individuals has to act in just, fair and reasonable manner. The contractual obligations of the State coexist with the constitutional obligations. The work being completed long back and there being no dispute on amount and payment being admitted by the respondents, same cannot be denied when the work stands executed.

Having regard to the prayer made by learned counsel for the petitioner, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim of the petitioner as projected in the writ petition and take a decision thereon within a period of two months from the date, a certified copy of this order is furnished by the petitioner to the respondents, subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioner.

Disposed of along with all CMs. JAMMU RAM MURTI/PS 30.08.2024 Ram Murti 2024.09.04 18:11 I attest to the accuracy and integrity of this document (SINDHU SHARMA) Judge