SHANKAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the present petition was taken up for final disposal.

(2.) The petitioner has filed the present petition for directing the respondents to release the payment of Rs.8,65,000.00 in favour of the petitioner against the construction of veterinary dispensary at Ransoo Non-Snow pursuant to the e-NIT No. 13 of 2019-20 dtd. 28/8/2019. It is stated that the petitioner pursuant to aforesaid e-NIT, was allotted the work for construction of veterinary dispensary at Ransoo. The petitioner completed the construction work upto slab level and bill was accordingly submitted to the respondents. The said bill was forwarded by respondent No. 6 to respondent No. 4 but the payment was not made to the petitioner. It is further stated that the petitioner sent a legal notice dtd. 17/11/2020 to the respondents. The respondent No. 4 in its reply dtd. 29/3/2021 stated that the Executing Agency has raised the bill amounting to Rs.8.65 lacs and error has occurred in the portal of the Jammu and Kashmir Infrastructure Development Finance Limited (JKIDFC) and due to error of JKIDFC portal, the payment could not be made. It was further stated in the reply that there is no bad intention to delay the pending dues of the petitioner but sincere efforts are being made to get the matter resolved.

(3.) Response stands filed by the respondents in which it has been stated that the present petition is not maintainable due to an arbitration clause in the contract and the department is making its sincere efforts for the release of payment of Rs.8,65,000.00 in favour of the contractor-petitioner. The matter regarding rectification of error on JKIDFC portal and revalidation of ESVHD share has been taken with the concerned quarter so that the issue be resolved and the initial payment of the bill amounting to Rs.8,65,000.00 may be drawn by the executing agency in favour of the petitioner. It is further submitted that the Deputy Commissioner, Reasi was also requested for transfer of the land on which the building is under construction.