Deep Raj vs M. Raju And Ors
2022 Latest Caselaw 145 j&K

                                                                          Sr. No. 45



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU
                                Through virtual mode
                                                  CPOWP No.180/2018
Deep Raj
                                                                    ....petitioner(s)

                  Through :- Mr. Sachin Gupta Advocate.


M. Raju and ors


                                                                  ....Respondent(s)

                  Through :-   Mr. R.S.Jamwal AAG.

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                      ORDER

1 Statement of facts have been filed in which the respondents have

admitted their liability towards the petitioner, but have shown their inability to

release the payment in favour of the petitioner due to paucity of funds. It is

submitted that the Executive Engineer, Irrigation Division-II, Jammu has taken

up the matter with the Chief Engineer, PHE, Irrigation and Flood Control,

Jammu as also the Secretary to the Government, Department of P.H.E., Irrigation

and Flood Control,Civil Secretariat, Jammu/ Srinagar for release of requisite

funds, so that the liability of the petitioner is cleared. The last communication

was made by the Chief Engineer concerned on 08.02.2019 to the Secretary to the

Government, PHE, Irrigation and Flood Control, Civil Secretariat,

Jammu/Srinagar.

2 There is nothing in the compliance report as to how the request made

by the Chief Engineer concerned for release of requisite funds to clear the

liability of the petitioner has been dealt with by the Secretary to the Government,

Irrigation and Flood Control, Civil Secretariat, Jammu/Srinagar.

3 Mr. R.S.Jamwal, AAG appearing for the respondents assures this

Court that the judgment passed by this Court would be complied with and the

liability of the petitioner would be cleared, provided the respondents are given

some reasonable time to arrange the requisite funds.

4 On his request, six weeks/ time, as a last and final opportunity, is

granted to the respondents to comply with the judgment and pay the amount due

to the petitioner. It is made clear that in case the needful is not done by the next

date of hearing, the Commissioner/Secretary to the Government, PHE, Irrigation

and Flood Control, Civil Secretariat, Jammu/Srinagar shall appear in person on

the next date of hearing.

List on 04.04.2022.

(Sanjeev Kumar) Judge Jammu:

10.02.2022 Sanjeev