IMTIYAZ AHMAD SHEIKH Vs. STATE OF J AND K
LAWS(J&K)-1999-12-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 21,1999

IMTIYAZ AHMAD SHEIKH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

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 the respondents.;


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