Jammu & Kashmir High Court - Srinagar Bench
Mohammad Qasim Sheikh & Ors vs Ut Of J&K & Others on 8 May, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT
SRINAGAR
Reserved on: 18.03.2025
Pronounced on: 08.05.2025
WP(C) No.850/2021
c/w
CCP(S) No.64/2022
MOHAMMAD QASIM SHEIKH & ORS. ...PETITIONER(S)
Through: Mr. Hilal Ahmad Wani, Advocate.
Vs.
UT OF J&K & OTHERS ...RESPONDENT(S)
Through: Mr. Ilyas Laway, GA.
CORAM:HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
JUDGMENT
WP(C) No.850/2021
1. The petitioners are the contractors and they have filed
the instant petition jointly for directing the respondents to
release payment in lieu of the works executed by them. The
details of the work carried out and the balance amount
payable to the petitioners have been stated by them in a
tabulated form in the writ petition.
2. It is submitted by the petitioners that they had
completed the works and even submitted the final bills, and
the Assistant Executive Engineer had also issued the
certificates of completion of work in their favour.
3. The respondents have filed their response asserting
therein that the petitioners have raised disputed questions of
facts which cannot be adjudicated upon by this Court in its
extraordinary jurisdiction. In response to the claim of the
petitioners with regard to the works executed by them, it is
stated by the respondents that the petitioners have executed
the works either without following codal procedures or
exceeding the allotted costs without requisite accord. It is also
the stand of the respondents that the executed works are not
reflected in any works programme and the same are beyond
the allotted work. The respondents have placed on record the
details of the cost of the allotted works, work done and the
amount paid.
4. Mr. Hilal Ahmad Wani, learned counsel for the
petitioners, has argued that the petitioners have executed the
works only at the instance of the respondents and the
respondents cannot now take the plea of lack of codal
formalities for the purpose of denying the genuine claim of the
petitioners. He has argued that the works executed by the
petitioners have been duly verified by the officials of the
respondents.
5. Per contra, Mr. Ilyas Laway, learned counsel for the
respondents has submitted that the petitioners have executed
the works in excess of the allotted works without requisite
sanction and, as such, they are not entitled to the amount
claimed by them.
6. Heard and perused the record.
7. The contention of the respondents is twofold i.e. the
works have been executed without codal formalities and some
works have been executed in excess. The respondents have
furnished the details of the advertised cost, work done and
the excess work done by the petitioners, which are
reproduced as under:
S. Name of the No & date No.& date of Name of work Adv. Allotted Work Amt. Excess Year
No. contractor of allotment cost cost done paid work
agreement done
1. Mohd Qasim - 8547-49 of Const. of road from Aga
Sheikh 29-12-2016 Sahib junction to Bon
S/o: Ghulam Mohalla Kaipora via Zabar 4.75 4.'75 35.347 2017-
0.00 644%
Sheikh R/o
Budgam
2. Mohd Qasim - 1265-67 of Restoration of surface
Sheikh S/o: 27.3.2017 b.w.o. Khak bajri &
Ghulam WBM G-II to Gulberg 5.85 25.61 2017-
8 .00 338%
Sheikh R/o Hyderpora. 5.85
Budgam lacs
3. Mohd Qasim S.A 354 12134-36 Const. of CC drain in km
Sheikh S/o of 09- dated 1st Near S.P office
161.66
Ghulam 2017 07.3.2017 Budgam pollar 4.96 12.93 9.80 2017-
- %
Sheikh R/o
Budgam
4 Mohd Qasim 12962-64 Const. of R/W near H/o:
Sheikh S/o: of 27-63- Ghulam Rasool Wani at
Ghulam - 2017 Lakhripora Budgam 3.03 3.03 12.99 328.38 2017-
7.00
Rasool Lacs Lacs Lacs % 18
Sheikh R/o
Budgam
5 M/S Wangoo Fixation of contract
group of for upgradation of
Engineers - 10913-15 Kharpath Mohalla/
2.90 3.52 28.0
3 728.41
G/L Muneer of 21-10- Khahuin Mohalla link 3.20
Lacs Lacs Lacs %
Gul R/o 2017 road b.w.o. E/Wall
Nagrat Khah p/L of GSB 2017-
6 M/S Wangoo 11883-85 of Improvement of
group of 28-12-2018 Kalshipora Shanipora
Engineers - Road b.w.o. of const. of
9.00 11.32 5.00 2018-
G/L Muneer R/W GSB Course & P/L of 0.00
Gul R/o WBM G-II -
Nagrat Khah
Budgam
7. M/S 6899-690 of Const. of RCC pipes
Wangnoo 15-09-2018 drain on link road
group of - leading to H/0 shabir
Engineers Ahmad and others FCI 8.30 9.50 14.04 2018-
9.00 47.49%
Gul R/o:
Nagrat Khah..
Budgam
8. M/S Const. of link road at
Wangnoo Khanpora Budgam
group of - on Wadipora ITI link
13446-48
Engineers 2.56 2.56 1.46 2017-
of 02-12- 0.00
Gul R/o:
Nagrat Khah
Budgam
9. M/S 108 of Restoration of - - 2.60 2.30 - 2017-
Wangnoo 12/2o19 temporary diversion of Lacs Lacs 18
group of Mamath Bridge
Engineers damaged due to rainfall
G/LMuneer of 11-06-2019
Gul R/o:
Nagrat Khah
Budgam
10. Mohd Azhar 676 of - Restoration of surface 10.00 - 2017
Wangoo & WBM G-II to -
S/o Ghulam Hassanabad west & 31.95
-
Mohamad colony & Haq lane at Lacs
R/o Nagrat Hyder & WBM G-II to
Khah west & colony Hyder.
Budgam
11. Mohd Azhar Const. of RCC spun pipe 0.00 - 2017-
Wangoo - & other roads at circular
12043-45
S/o Ghulam road Sheikhpora 16.65La 9.07 6.39
of 21-11-
Mohamad cs Lacs Lacs
R/o Nagrat
Khah
Budgam
12. Ghulam Improvement of 3 No's 8.10 822.48 2017-
Hassan 12011-13 of link on Budgam Lacs % 18
Sheikh S/o: of 04-03- Ichgam road near 1.29 1.29 11.90
_
Wall Mohd. 2017 Zoorigund Lacs Lacs Lacs
Sheikh R/o:
Budgam
13. Aijaz Ahmad Const. of p/L near H/o: 2017-
S/o: Haji 130.00 Parnew Bugroo road.
1.11 4.00
Abdul Ahad _ 3174-76 of 1.11 260%
Lac Lacs
Dar R/o: 05-06-2017 Lac
Choon
Budgam
14. Bashir 51 of 12- - Coast. of temporary
Ahmad Bhat 2018 diversion to the - - 11.58 11.00 - 2017-
Bakir Bhat Budgam Mamath
R/o: Budgam bridge b.w.o. P/L of RCC
spun pipes & GSB filling
15. Bilal Ahmad 51 of 12- Upgradation of 2.50 2018-
S/o: road Km 1st - 2nd b.w.o
Mushtaq GSB 7.95
Ahmad R/o:
Sodipora
Beerwah
16. Bilal Ahmad P/L of WBM G-II to
Wani S/o: Ziyarat Baba Hanief ud
754 of
Mushtaq din road machanai
03-02-
Ahmad - Ratsun Beerwah - - 13.44 5.16 - 2018-
2017-
Sodipora
Beerwah
17. Ghulam Nabi - 13790-92 Restoration of Adina 34.66 162.55
Mir of 11-02- Drugger via Makhama 15.15 Lacs %
2017 return Km 2nd to 8th by 19.00 Lacs 39.77
filling P/L of WBM G-II Lacs Lacs
including const. of
kacha drain.
18. Alnoor group 14719-21 Fixation contract for
of - of 23-12- dev. Of shoulders on
engineering 2017 newly macadamized 6.13 6.00 95.76 2017-
(G/L) Adina Mazhama Lacs Lacs % 18
namely
Ishrat Mohi- 5.45 12.00
us- din S/o: Lacs Lacs
Ghulam
Mohi-ud-din
R/o:
Mazhama
Budgam
19. M/S Green - 12374-76 Const. of MTR span RCC 4.73 4.73 4.73 54.35 2017-
Wood Const. of 15-03- culvert in Km 4th of lacs lacs lacs % 18
7.30
G/L Arshid 2017 Sodipora Rankipora
lacs
Ahmad Bhat Warigam road village
Mohsun
20. M/S Prime - 9544-46 of Cons. Of cement 7.04 7.52 9.55 198.40 2015-
engineers 03-11-2015 concrete drain in Km 1st lacs lacs lacs % 16
22.44
G/L Shabir of Gundipora Hakripora
lacs
Hussain Bhat road at Gundipora
R/o: Budgam
21. M/S Prime 7622-24 of Restoration of Hakhlatri 2.79 2.79 2.50 89.25 2017-
engineers 09-12-2016 dances road b.w.o road lacs lacs 5.28 lacs % 18
G/l Shabir dressing and P.L of lacs
Hussain Bhat b.w.o G-II
22. Manzoor 56 of 12- 4529-31 A B & C upgradation of 4.94 12.69 575.91
Ahmad wani 2016 dated 07- Danus pethkote road lacs Lacs %
S/o: Ghulam 08-2014 b.w.o improvement to
Mohi-ud-in E/W of WBM G-ii
Wani R/o: including. Laying of RCC
33.39
Nasrullah P/L (B) Upgradation up
lacs
pora Mashan road dasun
Budgam allied links of sodipora
rankipora road b.w.o
GSB filling WBM G-II &
laying Pipes.
23. Manzoor 138 of 3936-38 of Const. of B/Wall in Km
13.11
Ahmad Wani 08-2015 27-07-2014 15t RD 400 on -
Lacs
S/o: Ghulam Jawalapora Watrihal
Mohi-ud-in road near II/o: Abdul
Wani R/o Aziz Dar & ors 77453 5.93 - 2016-
a Budgam
24. M/S 4825-27 of Improvement of road
Paradise 13-08-2014 from Khaspora to
const. G/L - Zempora b.w.o. surface 3.5 13.19
Imtiyaz dressing GSB filling in Lacs 3.89 Lacs 7.18 239% 2015-
Ganie different spots
25. M/S High 373 of 11327-29 of Improvement of link
tech 10-2017- 20-02-2017 road lead to Hardwail to
2.05
engineer Akerwail road b.w.o P/L - 2.05 1.73 - 2017-
Lacs
Rafiq Dar
26. Mohd. Altaf 459 of - Restoration of Khag
Wani 03-2016 trpay road b.w.o.
S/o: Ghulam removal of Hockadar pic
Mohi ud din of WBM G-II
4.83
Wani - - - 2015-
Lacs
Nasrullahp-
ora
Budgam
27. Mohd. Altaf Const. of retaining wall
Wani at gund Akerwail
S/o: Ghulam Hardwail
Mohi ud din 62 of 03- 5.69
-
Wani R/o: 2018 - Lacs 0.90 - 2017-
a
Budgam
28. Syed Lateef 1025 of Spun RCC Culvert at
S/o Syed 03-2018 chamboora road
Mohd - E/F GSB filling WBM G-II 19.55 11.20 100% 2017-
-
Arigam pipes
Khansahib
29. Manzoor 4156.58 Restt. Of approach at
Ahmad Mir of 2015 Arigam Bridge in KM
S/o: Gh approval - 2"d of Arigam Shalinar 86.39 2017-
5.48
Rasoo Mir Agg.No: road (Shalinar side) - 2.94 1.00 % 18
Lacs
R/o:Nambel 1074/Ag Lacs Lacs
har g 03-
Khansahib 2018
30. Syed Hilal 5469-70 Restt.of Reyar road
Ahmad of 01-08- - b.w.o. P/L of 2cm thick
S/o: Syed 2015 OGPC in P/S , B. P/1.. of
0.70 28.01
Mohd Agg. 123 GSB filling 10 Arigam 0.84 26.00 3234.5 2015-
Lac Lacs
Yaseen of Road & Const. of main Lacs Lacs 2% 16
R/o:Arigam 05-2017 road Bugroo to Arigam
Khansahib b.w.o. GSB filling
31. M/S Sheikh 3918-20 of Link road taking to
and Sons 23-06-2018 Yateem Trust illahi at
Prop. Saif u Khansahib b.w.o.
din Sheikh - earthwork P/L of WBM
0.95 34.30
S/o: Mohd G-II and G-III 0.95 29.09 3510.5 2015-
Lacs Lacs
Abduulah Lacs Lacs 2 16
Sheikh %
R/o Arigam
Khansahib
32. M/S Sheikh 10846-48 Const. of Arigam
-
and Sons (supp. - Husungund road b.w.o.
Prop. Saif u 1073 of earthwork GSB filling
din Sheikh 03-2018) incl. Drainage
S/o: Mohd pipes . 14.72 23.38 16.19 58.83 2016-
Abduulah 2.Constt.Of road from Lacs Lacs Lacs % 17
Sheikh Arigam to Shamasabad
R/o Arigam b.w.o. E/W GSB filling
Khansahib
33. Mohd Latief 7174-76 Const. of approach road
Shah Agg No: to Reena complex
S/o: Mohd 153/Sup. - Khansahib repairs renut
- 39.54
Yaseen Shah 06-2017 nallah 15.52 26.00 - 2017-
Lacs
Khansahib
34. Ali Mohd 691 of Upgrdation of
Khan 11-2018 - road from main
S/o: road to Bon
16.35
Sonaullah shalinar - - 4.82 - 2017-
Lacs
Rio: Arigam
Budgam
35. Ali Mohd 410 of Improvement of link
Khan S/o: 10-2017 - road leading to main
Sonaullali road pall maidan to 38.62 4.00 - 2016-
-
Arigam
Budgam
36. Ghulam Nabi 13790-92 Fixation of contract for 2016-
2016 Machama upto play
ground b.w.o.
improvement to E/W
GSB filling include laying
- 43.46
of X drainage pipes. 41.04 30.46 -
Lacs
Rest of Adina Drugger Lacs Lacs
Via Makhama Rathsun
KM 18th b.w.o. GSB, P/L
WBM G-II incl. const .of
Kacha drain.
8. It is contented by the respondents that the excess work
has been executed by the petitioners without authorization.
This court is surprised that in many cases, the percentage of
excess work executed by some of the petitioners has exceeded
as high as 700%. How the work, which was to be executed
say at Rs.1 lac has been executed at Rs. 7 lacs, is required to
be examined, but at the same time the respondents have not
denied their liability in respect of works executed by the
petitioners at the allotted costs though in some cases
amounts have been paid to some of the petitioners in full or
in part.
9. Admit.
10. Issue post admission notice. Notice waived by Mr. Illiyas
Laway, G.A.
11. The respondents, more particularly the respondent No.1
concerned shall file counter-affidavit demonstrating and
explaining, as to how the work was executed in excess of the
work allotted, by the petitioners without authorization, in
each case individually. While filing the counter-affidavit, the
respondents shall also state as to whether the works have
been executed on spot or not, after conducting the spot
inspection. The petitioners shall be at liberty to file rejoinder
to the same. The respondents are directed to release the
admitted amount in favour of the petitioners who have
executed the works equal to the advertised/allotted cost but
not paid, as mentioned in Annexure-I appended with the
objections filed by the respondents along with interest @ 6%
per annum from the date of filing of writ petition till the
amount is paid.
The contempt petition shall be considered along with
main writ petition.
(RAJNESH OSWAL)
JUDGE
Srinagar
08.05.2025
"Bhat Altaf-Secy"
Whether the order is reportable: No
