IMTIYAZ AHMAD SHEIKH Vs. STATE OF J AND K
HIGH COURT OF JAMMU AND KASHMIR
IMTIYAZ AHMAD SHEIKH
STATE OF JAMMU AND KASHMIR
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Syed Bashirud Din, J. -
(1.) -Counsel for
the parties are heard and pleadings examined.
(2.) The two petitioners are contractors.
They allege that the respondents allotted different
works of construction of bath rooms,
septic tanks, sockage pits, water storage tanks,
laying of pipes, effecting fittings, repairs to existing bath rooms, and compound wall and
levelling of ground, of Government Higher
Secondary School Shopian. The estimates of
the works and particulars of different works
are specified in the petition and Annexure P2,
P1-A, P2, P2-A, P3, P3-A, P4, P4-A. Petitioners' further case is that they executed the
works in accordance with terms and conditions
of the contract. The whole work done by the
petitioners was of the order of Rs. 3,92,500/
out of this amount supplies from departmental
storers are in the sum of Rs. 2,21,245/-.
After deduction of the above departmental
supplies, the unpaid amount to petitioner is
Rs. 1,71,255/-. This is reflected in bills Ex P1-
B, Ex P2-B, Ex P3-B, and Ex P4-B. The performance
of work was supervised and estimates
of the work prepared and bills complied, by
Respondent No. 4. They approached respondents
for release of above money for the work
done, but petitioners were told that as the funds
were not available, so the amount cannot be
released. Despite representations and
pursuations things did not move forward.
Respondents failed to release the amount, hence
the writ. Besides, the release of payments of
bills in the sum of Rs. 1,71,255/-, 18% interest
is claimed in addition to Rs. two lacs as
compensation, for non-payment of the dues.
(3.) Respondents in reply have raised objections
as to the maintainability of the writ.
The Writ matter is averred convered by private
contracts. The rates charged are disputed. The
bills are stated to be on higher side, not
approved by the competent authority. The
works have been performed in absence of technical sanctions.
The disputed questions of fact
are asserted manifest on record. Whatever
item-wise payments are made, same are stated
to have been on assessment and estimation of
work rendered on ground level by the petitioners
(contractors). The works are alleged to be
left incomplete and defective. Some of the
works are stated executed not in accordance
with the specification and the standard of work
is alleged not maintained. The quantity and
quality of work rendered is not accepted by
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