Jammu & Kashmir High Court - Srinagar Bench
Cm (7221/2022) vs Union Territory Of J&K And Ors on 4 October, 2023
Serial No. 15
Regular Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No.2865/2022
CM (7221/2022)
Mohammad Amin Bhat.
..... Petitioner(s)
Through: Mr. Shuja ul Haq, Adv.
V/s
Union Territory of J&K and ors.
.....Respondent(s)
Through: Mr. Ilyas Nazir Laway, GA
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER
04.10.2023
1. Sh. Rafiq Ahmad Rafiq, Chief Engineer (R&B) Kashmir and Shri
Tatheer Manzoor Executive Engineer R&B Division Ganderbal present in
person.
2. When the matter was taken up, the learned counsel appearing for the
respondents has produced a communication dated 04.10.2023 wherein it has
been conveyed by the Executive Engineer, (R&B) Division Ganderbal, that
the proposal for arranging the funds has been redressed with the
Superintending Engineer of R&B Circle Ganderbal and the Chief Engineer,
R&B Kashmir, and the approval for utilization of the funds from the
deposit contribution has been received on 03.10.2023. The communication
further reveals that the claim for the work done which has been prepared
and vetted by the field staff, has been test checked by the then Executive
Engineer, and has been forwarded for review and processing to the
respective designated sections of Drawing Bench and Accounts Section,
following the allotment and accounting regulations. The communication
dated 4.10.2023 is taken on record.
3. As per the aforesaid communication, which has been issued by the
concerned Executive Engineer (R&B) Division Ganderbal, the work done
claim available at divisional office, forwarded by sub divisional office
Kangan amounting to Rs.36137294, out of which Rs.33063071 was
already paid till 2019 was checked and scrutinized by the Drawing Section
and the Accounts Section of the Divisional Office, resulting net payment of
Rs.2541876/- (exclusive store adjustment) which has been initiated and
transmitted to the treasury for disbursement.
4. Mr. Shuja ul Haq, learned appearing counsel for the petitioner
submits that since the balance amount which has been admitted by the
respondents till date has not been released in toto in favour of the petitioner,
he will approach the concerned Executive Engineer (R&B) Division Kangan
and will submit all the requisites bills with respect to the work done claim of
the pending liability within a period of two weeks from today. The
respondents assured the Court that the pending liability will also be released
in favour of the petitioner within a period of two weeks thereafter in
conformity with the judgment dated 03.02.2023.
5. In light of the assurance extended by the respondents, the respondents
are directed that in the event of furnishing requisite bills of pending liability
within two weeks from today by the petitioner, the respondents shall release
the pending liability within two weeks thereafter in favour of the petitioner.
6. In view of the assurance extended by the respondents, nothing
remains to be adjudicated in the instant petition, therefore, same shall stand
disposed of as such. However, the petitioner is at liberty to approach this
Court again in case the cause survives and if the needful is not done within
the stipulated time period as directed by the Court.
7. Writ petition disposed of along with connected CM(s).
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Srinagar: (Wasim Sadiq Nargal)
04.10.2023 Judge
G. Nabi/Secy
