MOHAMMAD YOSUF RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) Mr. Manzoor Ahmed Dar, learned counsel for the petitioner submits that vide order dtd. 26/11/2021 six weeks' time as a last and final opportunity was granted to the respondents to file reply failing which the matter would be considered without reply.

(2.) Neither the reply has been filed nor any one has appeared for the respondents today, therefore, the matter is accordingly considered in terms of order dtd. 26/11/2021.

(3.) The case as projected by the petitioner in the writ petition is that the petitioner has been allotted work vide allotment order No. 172 of 2008-2009 relatable to communication No. 9557/59 dtd. 7/2/2009. It is averred that upon completion of contract work which was estimated at Rs.8,81,716.00 bill was prepared by the supervisory staff after recording the required measurements and was accordingly submitted to the then Executive Engineer, Ganderbal on 16/6/2009 recommending payment to the tune of Rs.4,50,738.00 after making deductions on account of departmental stores. It is averred that the respondent No. 5 accordingly forwarded the works register in original and measurements book for the purposes of enabling the respondent No. 4 to process the bill for payment. It is further averred that after receipt of the bill by the respondent No. 4, the same was directed to be processed by the Division Office and even the execution of the work was also test checked by the respondent No. 5 in full. Learned counsel for the petitioner submitted that despite the petitioner has completed the work/job to the entire satisfaction of the respondents and 100% certification having been recorded by the respondent No. 5 about the execution of the contract, the respondents have failed to release the admitted amount for the work which the petitioner has already completed. Therefore, the petitioner was left with no other option but to file the present writ petition.