STATE OF J&K Vs. GHULAM HASSAN DAR

JUDGEMENT

(1.) On the set of facts and the grounds urged, coupled with submissions made at the Bar by the learned counsel for the parties, this condonation of delay application is allowed and the delay in filing the review petition against judgment dated 31st of October, 2014 passed in OWP No. 403/2012 is condoned. Registry to diarize the review petition which is taken on board.

(2.) By this review petition, the petitioners/ respondent Nos. 2 and 3 in OWP No. 403/2012 are seeking review of final judgment of this Court dated 31st of October, 2014, passed in OWP No. 403/2012, operative portion whereof reads as under:

(3.) Mr Chashoo, the learned Additional Advocate General, representing the review petitioners, submits that the judgment under review is in conflict with the basic record of the case placed before the Writ Court in the form of Measurement Book and final bill submitted by the Contractor/ respondent herein/ writ petitioner. It is further submitted that the Writ Court, while passing the judgment under review, did not take into the consideration the fact that the respondent herein/ writ petitioner was estopped from claiming any amount than what he had submitted in his 5th and final bill which was duly paid to him while closing the contract. It is pleaded that the certificate issued by the Executive Engineer, R&B, Division concerned certifying that the Contractor has completed the work satisfactorily is against the basic record in the form of Measurement Books certified by the Executive Engineer and, therefore, no reliance could have been placed on the same. It is also contended that the reliance placed by the Writ Court on the communication of the Executive Engineer concerned bearing No. N- 1/EEP/5071-72 dated 12th of November, 2011 is also misplaced, as physical completion does not certify amount of work done, especially in the instant case where two lairs were to be laid by the Contractor and, as per the petitioners themselves, one lair of Grade-II was laid by the Contractor for full length of 9 Kms as per allotment, however, Grade-III was laid for only half of the allotted length.