Ut Of J&K And Others vs Mohd. Iqbal Agoo
2026 Latest Caselaw 806 J&K

Jammu & Kashmir High Court

Ut Of J&K And Others vs Mohd. Iqbal Agoo on 16 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                     Sr.No. 03
                                                                            2026:JKLHC-JMU:441-DB



          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

CJ Court

                          Case No. : LPA No. 22/2026 in
                                     [WP(C) 390/2022]
                                     CM No. 743/2026
                                     CM No. 744/2026

UT of J&K and others                                    ..... Appellant/Petitioner(s)

                        Through: Mr. Bhanu Jasrotia, GA

                   Vs


Mohd. Iqbal Agoo                                                 ..... Respondent(s)

                    Through:
Coram:       HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                      ORDER

16.02.2026 Learned counsel for the appellants contends, inter alia, that the

Assistant Accounts Officer (AAO) was not the competent financial authority.

Thus, any admission made by him in access of his Authority and in violation of

the General Financial Rules (GFR) would not bind the Government for creating

any financial liability. Further, as per the Handover Certificate (2019), the work

was/is physically incomplete and, thus, the final bill is contractually premature.

Further, as the project is 100% Centrally Sponsored Scheme (CSS), the State

cannot pay the amount exceeding the funds sanctioned/released by the Central

Government without a Revised Administrative Approval.

Be that as it may, learned counsel for the appellants submits that infact

a formal application (CM No. 148/2020) seeking modification/recalling of the

impugned order dated November 17, 2025 is pending consideration before the

2026:JKLHC-JMU:441-DB

Writ Court. And, therefore, it would be expedient if, the appellants are permitted

to withdraw the appeal to pursue the said application in the first instance.

In the wake of the above and in terms of the statement made by

learned counsel for the appellants, the appeal is permitted to be withdrawn.

This Court is sanguine that the learned Writ Court shall make every

possible endeavour to decide the same and, if possible, the main case itself and

pass appropriate orders as expeditiously as possible.

                        (            (RAJNESH OSWAL) (ARUN PALLI)
                                         JUDGE       CHIEF JUSTICE

Jammu :
16.02.2026
Pawan Chopra/Secy