Jammu & Kashmir High Court - Srinagar Bench
Commissioner/Secretary & Ors vs Irshad Ahmad Khan on 25 October, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
S. No. 86
Suppl. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 6618/2024 IN RFA No. 83/2024
Commissioner/Secretary & Ors.
...Appellant/Petitioner(s)
Through: Mr. Syed Musaib, Dy.AG.
Vs.
Irshad Ahmad Khan
...Respondent(s)
Through: None.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
25.10.2024
1. A loud undertone of this Civil 1st Appeal, being preferred by
the appellants who are none else than
Commissioner/Secretary to Government, PWD (R&B),
Srinagar joined by the Chief Engineer, PWD (R&B) Srinagar,
the Superintendent Engineer, PWD (R&B) Circle
Baramulla/Kupwara, the Executive Engineer, PWD, Special
Division Uri and the Assistant Executive Engineer PWD
(R&B), Special Sub Division, Uri, Baramulla, is that the
underlying cause of generation of decretal liability of an
amount of Rs.10.15 lacs along-with interest @ 6% per
annum in terms of impugned judgment and decree dated
09.05.2024 passed by the court of learned Principal District
Judge, Baramulla against the appellants in favour of the
respondent is none other than the High Court of Jammu &
Kashmir and Ladakh and from whose end a payment of an
amount of Rs.51.39 lacs with respect to civil works carried
out with respect to construction of the court complex,
Boniyar is due for release but same having not taken place
despite communications to the effect constrained the
respondent bearing a purported claim of an amount of
Rs.10.15 lacs for the work done by him in relation to the
construction of the court complex Boniyar pending
payment since 2017, approaching civil court with a
recovery suit against the appellants.
2. Thus, in essence, the source of generation of purported
liability is being actually reckoned to be that of the High
Court of J&K and Ladakh for the reasons which are not
discernable from the record and that presents a very
awkward scenario for this Court in coming to entertain
present civil 1st appeal which is also time barred being
presented by the appellants.
3. In response to an NIT No. 10/2017-18 read with
E&DSTT.NO.SSDU/2017/401-17 dated 27.04.2017 issued by
the Executive Engineer, PWD (R&B) Special Division, Uri
followed by issuance of letter of intent No.
E&DSTT.NO.SSDU/2017/990-91 dated 27.05.2017 in favour
of the respondent, civil work with respect to part of project
of construction of court complex, Boniyar, and residential
quarter attached therewith, is said to have been carried
out by the respondent thereby generating a claim of
Rs.10.15 lacs for seeking release of which the respondent is
said to have run from pillar to post against an admitted
stand from the end of the Executive Engineer PWD (R&B)
Special Sub Division, Uri in terms of his letter No. 7638-40
dated 04.03.2023 followed by the Superintendent Engineer
PWD (R&B) Circle Baramulla's letter No.13280 dated
27.03.2023 to the Chief Engineer PWD (R&B) Kashmir, who
in turn vide letter No. CE/RBK/PLG/9783-86 dated
19.07.2023 addressed to the Registrar General of High
Court of J&K is said to have sought the release of funds by
the High Court for facilitating payment of Rs.51.39 lacs to
settle the pending claims of the contractors including that
of the respondent and to complete the necessary works.
4. This scenario purportedly led the respondent to institute a
civil suit under Order 37 of the Civil Procedure Code, 1908
on file No.21/N SS on 13.09.2023 before the court of
learned Principal District Judge, Baramulla, naming therein
the appellants as defendants and thereby earning a
judgment and decree dated 09.05.2024 for the money
claim of Rs.10.15 lacs along-with the interest @ 6% per
annum from the date of institution of suit till actual
realization.
5. Putting the respondent on a notice in this appeal case
would be nothing but an embarrassment to the court itself
that a person who is asking for his due is caught between
High Court of J&K and Ladakh and the appellants' turf
battle.
6. Therefore, this Court directs the Registrar General of High
Court of J&K and Ladakh to put up the present appeal case
before the Hon'ble Chief Justice of the High Court of J&K
and Ladakh to be assigned to Division Bench for
consideration and adjudication as to whether the
construction of the court buildings and the infrastructures
related therewith is done at the expense of the High Court
or it is the Government of UT of J&K and of Ladakh which
are supposed to bear the responsibility and liability.
7. File to be put up before the Registrar General by the
Registrar Judicial, Srinagar.
8. In the meantime, execution of the impugned decree shall
remain stayed till further consideration of the matter
before the concerned Bench.
( RAHUL BHARTI )
JUDGE
Srinagar
25.10.2024
Muzammil. Q
