MOHD. YOUNIS DAR Vs. UT OF J&K

JUDGEMENT

(1.) The grievance of the petitioner in the present petition is that despite having been allotted the contract No. XEN/REW/P/24918-23 dtd. 15/3/2022 pursuant to the e-NIT No. 550 of REW Poonch dtd. 22/2/2022, he has not been allowed to start the work of construction of 09 numbers of Community Bungers in Village Mankote, Panchayat Mankote Upper, Block Mankote.

(2.) On asking of the Court, Mr. Ravinder Gupta, learned AAG sought instructions and has produced the communication dtd. 7/4/2022 issued by the Executive Engineer, Rural Engineer Wing, Poonch, respondent No. 4 herein, in which it has been stated that earlier the contract was allotted to one Mohib Ahmed Khan S/o Fazal Khan and due to technical issue, the same was cancelled, but at the same time the said Contractor had stacked construction material on the site and due to which some dispute has arisen and therefore, the petitioner was not able to start the work. It is further stated in the aforesaid communication that the Assistant Executive Engineer, Poonch has been asked to submit the site report so that the work can be taken up for execution by the Contractor, the petitioner herein. The communication dtd. 7/4/2022 (supra) is taken on record.

(3.) Once the respondents are taking steps for starting of the construction work of the above mentioned 09 numbers of Community Bungers regarding which contract was allotted to the petitioner, no further directions are required to be issued. It is expected that the concerned Executive Engineer shall settle the dispute with the Contractor, whose contract was cancelled earlier due to technical issue, as expeditiously as possible. Further, the Executive Engineer shall be at liberty to proceed in accordance with terms and conditions of the allotment, provided there is no legal impediment, as the agreement is yet to be executed.