MOHAMMAD QASIM SHEIKH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners are the contractors and they have filed the instant petition jointly for directing the respondents to release payment in lieu of the works executed by them. The details of the work carried out and the balance amount payable to the petitioners have been stated by them in a tabulated form in the writ petition.

(2.) It is submitted by the petitioners that they had completed the works and even submitted the final bills, and the Assistant Executive Engineer had also issued the certificates of completion of work in their favour.

(3.) The respondents have filed their response asserting therein that the petitioners have raised disputed questions of facts which cannot be adjudicated upon by this Court in its extraordinary jurisdiction. In response to the claim of the petitioners with regard to the works executed by them, it is stated by the respondents that the petitioners have executed the works either without following codal procedures or exceeding the allotted costs without requisite accord. It is also the stand of the respondents that the executed works are not reflected in any works programme and the same are beyond the allotted work. The respondents have placed on record the details of the cost of the allotted works, work done and the amount paid.