Citation : 2025 Latest Caselaw 1850 J&K/2
Judgement Date : 28 October, 2025
Serial No. 4
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP(C) 2544/2025
CM(6740/2025)
M/S UMAR ELECTRICALS SRINAGAR
THROUGH ITS PROP
UMAR HUSSAIN RESHI,
S/O MOHAMMAD HUSSAIN RESHI,
R/O SHAH KADAL, SAFA KADAL, SRINAGAR
.........Petitioner(s)
Through:
Mr. Waqar ul Haq Khan, Adv.
Versus
1. UNION TERRITORY OF J AND K TH. COMMISSIONER SECRETARY POWER DEV. DEPARTMENT,
CIVIL SECRETARIAT SRINAGAR/JAMMU.
2. CHIEF ENGINNER, PROJECTS KPDCL, SRINAGAR.
3. CHIEF ENGINEER, (D) KPDCL, SRINAGAR.
4. SUPERINTENDING ENGINEER O&M (KPDCL) NORTH CIRCLE SOPORE, BARAMULLA.
5. EXECUTIVE ENGINEER KPDCL DIVISION KUPWARA.
.......Respondent(s)
Through:
Mr. Alla ud din Ganai, AAG with Ms. Shaila, AC.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
28.10.2025
1. Mr. Waqar ul Haq Khan, learned counsel appearing on behalf of the
petitioner submits that the issue in question is covered by the
judgment passed by this court in case titled as titled as "M/S Saint
Soldier Engineer and Contractor Pvt. Ltd. Th. Its Director Sham
Singh Jamwal Age 66 yrs S/o Sh. Sardar Singh Jamwal, R/o B. P.
159, Channi Himmat, Jammu Vs. UT of J&K Th.
Commissioner/Secretary to Govt. PWD (R&B) Department, Jammu
& Ors." decided on 26.09.2025 and accordingly he prays that the
instant petition be also disposed of on the same lines within some reasonable period to which Mr. Alla ud Din Ganai, learned AAG
appearing on behalf of the respondents is not averse.
2. Learned counsel for the petitioner has also drawn the attention of this
court to the latest communication dated 08.07.2025 issued by the
respondents which has been placed on record as Annexure VIII,
whereby the concerned Executive Engineer KPDCL Kupwara to
Chief Engineer KPDCL Srinagar has admitted the liability of the
respondent towards the petitioner, a perusal whereof, reveals that the
respondent owe an amount of Rs. 39,47,920/- (Rupees Thirty Nine
lacs Forty Seven Thousand Nine Hundred and Twenty) towards the
petitioner with respect to the works which has been executed by the
petitioner, the details of which finds mentioned in the instant petition.
3. With the consent of learned counsel for the parties, the instant
petition is taken up for disposal at this stage by directing the
respondents 2 and 3 to take a decision regarding the release of the
admitted liability in favour of the petitioner strictly under rules and as
per law and in the light of what has been held by this court in case
titled titled as "M/S Saint Soldier Engineer and Contractor Pvt. Ltd.
Th. Its Director Sham Singh Jamwal Age 66 yrs S/o Sh. Sardar Singh
Jamwal, R/o B. P. 159, Channi Himmat, Jammu Vs. UT of J&K Th.
Commissioner/Secretary to Govt. PWD (R&B) Department, Jammu
& Ors." decided on 26.09.2025 within a period of six weeks from the
date copy of this writ petition along with its Annexures and also copy
of this order are made available to the said respondents, provided there is no legal impediment in doing so. The decision which is likely
to be taken be forwarded to the petitioner through registered post.
4. It is made clear that if the amount by way of admitted liability is not
released in favour of the petitioner within the time granted by this
court, the petitioner will be entitled to interest @ 6% from the date
the said amount was payable and denied by the respondents and the
interest component shall be paid by the officer on whose account
delay occurs
5. Disposed of.
(WASIM SADIQ NARGAL) JUDGE Srinagar 28.10.2025 "SAKEENA-PS"
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