ALI MOHD Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner through the medium of this petition filed under Article 226 of the Constitution of India, seeks a direction/order to the respondents in the nature of Writ of Certiorari quashing Office Order No. 827-33/SQ dtd. 19/8/2008 issued by the respondent No. 10-Deputy Commissioner, Ramban, with further Writ of Mandamus, commanding the respondents to pay an amount of Rs.4,20,789.00 (Rupees Four Lacs, Twenty Thousand, Seven Hundred and Eighty Nine) on account of the expenses incurred by the petitioner for construction of four shops at Ramban, which had been demolished by the respondent No. 10 and further an amount of Rs.1,58,600.00 (Rupees One Lac, Fifty Eight Thousand and Six Hundred) on account of damages in respect of the Shuttering material consisting of Ballies, Phattas, Tin Sheets, Iron Girders, Vibrator, Sintex Water Tanks, Cement etc.

(2.) The petitioner has asserted in his petition that respondent No. 5-Executive Engineer, Local Bodies Division-II, Gandhi Nagar, Jammu invited tender vide NIT No. 6-LBJ of 2008 dtd. 10/8/2008 for construction of four shops near Town Park of Municipal Committee, Ramban; that the petitioner being a registered 'B' Class contractor and being eligible also, submitted a tender, which was accepted and, accordingly, he was allotted the construction of the above mentioned four shops by the respondent No. 5 vide No. LB/Tech./I/II/2008/685-89 dtd. 2/6/2008 at an estimated value of Rs.4.60 lacs (Rupees Four Lacs and Sixty Thousand); that the petitioner had been asked to start the work within seven days from the date of issue of the allotment order dtd. 2/6/2008 and that he had started execution of construction work on 10/6/2008 and raised four shops strictly as per the specification given by the respondent Nos. 5 to 9, after demarcation on spot by respondent Nos. 6 and 7; that after the construction of the plinth, the brick work was started and was completed and shuttering was erected for laying the slab; that the petitioner as per the directions from respondent Nos. 6 to 9, had taken photographs of the shuttering, iron (saria work) etc. before laying the slab to satisfy the officers that the construction work was done strictly as per the specification; that after pressing into service of men and machinery, the lintel work was completed on 19/8/2008 at 4 P.M.

(3.) The petitioner has alleged that to his utter surprise, at about 5.30 P.M on 19/8/2008, a police contingents came on spot and informed the petitioner that as per the direction of respondent No. 10, the building of four shops was required to be demolished. The Tehsildar, Ramban also came on spot and after hiring labourers and JCB, the structure raised by the petitioner was demolished and the petitioner had taken photographs of demolition as well; that the shuttering material used in the construction was also destroyed and that the total cost of the said material had been estimated to Rs.39,000.00 (Rupees Thirty Nine Thousand) by its owner, namely, Sham Singh Raju, whereas the costs of girders had been worked out by the Sh. Bhasin and Company at Rs.42,000.00(Rupees Forty Two Thousand), which had also been paid by the petitioner; that about 40 (forty) bags of ACC Cement stocked by the petitioner, were also destroyed, causing loss of Rs.13,600.00 (Rupees Thirteen Thousand and Six Hundred) on this count; that the Vibrator of the cost of Rs.16,000.00 (Rupees Sixteen Thousand) owned by the petitioner had also been taken away and the petitioner had also suffered a loss of Rs.40,000.00 (Rupees Forty Thousand) on account of rent of the Tin Sheets for laying lintel, besides a loss of Rs.8,000.00(Rupees Eight Thousand) on account of destruction of construction tools like Fixes, Shovels, Karahies, Water Tanks etc.