UNION TERRITORY OF J&K Vs. TAVISH ENGINEERING WORKS

JUDGEMENT

(1.) Through this intra-court appeal, the appellants have impugned the judgment dtd. 11/11/2924 passed by the learned writ court in WP(C) No. 1673/2020, whereby the appellants have been directed to release an amount of Rs.62,52,246.00 in favour of the respondent alongwith interest at the rate of 6% per annum from the date of filing of the writ petition till its realization.

(2.) Brief facts of the case are that the respondent claimed to have supplied 1950 number of B.A wire crates out of a total order of 2000 crates to the Block Development Officer, Nagrota pursuant to supply orders dtd. 16/9/2014, 16/9/2014 and 20/9/2014 issued by the Assistant Commissioner Development, Jammu to the General Manager, Small Scale Industrial Development Corporation (SICOP). It was urged by the respondent that an amount of Rs.34,70,000.00 was released through SICOP in its favour for 694 crates out of total 1950 crates supplied to the office of BDO, Nagrota, but payment of Rs.62,52,246.00 regarding 1245 crates was not released. Aggrieved of non-release of the aforesaid amount, the respondent invoked the writ jurisdiction seeking the following reliefs: I. Mandamus commanding the respondent Nos. 1, 3, 4 and 7 to release the payment of Rs.62,62,246.00 (Rupees Sixty Two lacs Sixty Two thousand Two hundred forty six only) on account of material supplied under SDRF Scheme i.e. 1254 crates to the respondent Nos. 5 & 6 i.e. SICOP, Jammu for making further payment to petitioner. ii. Mandamus commanding upon Respondent No. 2 to release the funds if not as per the communication bearing No. ACD/J/2016-17/20153-56 dtd. 13/12/2016 issued by the Respondent No. 4 i.e. Assistant Commissioner Development, Jammu. iii. Such other relief which this Hon ble Court may deem fit and proper in the given circumstances of the case may kindly be passed in favour of the petitioner as against the respondents.

(3.) In the response filed by the respondent Nos. 5 & 6 to the writ petition /appellant No.5 (SICOP), it was submitted that pursuant to the supply orders of Assistant Commissioner Development, Jammu i.e. appellant No. 3, the respondent delivered the said items to the intending department and subsequently, appellant-SICOP raised invoices in favour of BDO, Nagrota for release of payment amounting to Rs.62,62,246.00. The SICOP further requested the Director, Rural Development Department, Jammu to clear the pending liability of the respondent.