Facts
The petitioner, father and legal heir of deceased contractor Showkat Hussain Shah, sought payment for two works allegedly executed by his son in 2018: removal of flood debris from Higher Secondary School Nachiyan and engagement of a JCB for dragging Nallah Batamaji.
Source reference: paras. 2–4, pp. 1–3The claimed total was ₹6.34 lakh.
Source reference: paras. 2–4, pp. 1–3The petitioner asserted that the bills had been prepared and that departmental communications admitted the liability, but payment remained withheld.
Source reference: paras. 2–4, pp. 1–3Earlier proceedings concerning other works did not include these two claims.
Source reference: paras. 2–4, pp. 1–3The petitioner sought payment with interest at 18%.
Source reference: paras. 2–4, pp. 1–3Issues
Whether the respondents should be directed to pay the admitted liability for the two completed works without further proceedings.
Source reference: paras. 4–7, pp. 3–4Whether the petitioner was entitled to interest at 18% on the claimed amount.
Source reference: para. 3, p. 3Law Applied
The order cites no statute, precedent, or specific legal test.
Source reference: paras. 6–8, pp. 4–5It proceeds on the principle that, where the material on record shows an admitted liability for completed work, the Court may direct payment of that liability through a writ order.
Source reference: paras. 6–8, pp. 4–5Reasoning
The Court considered the petition and its annexures, including inter-departmental communications that, in its view, clearly revealed the respondents’ admission of liability for the works allotted to and executed by the deceased contractor.
Source reference: paras. 5–7, p. 4On that record, the Court concluded that the matter could be disposed of at the threshold by directing payment, without requiring further proceedings.
Source reference: paras. 5–7, p. 4Although the petitioner had claimed interest, the order did not separately discuss or grant it.
Source reference: para. 3, p. 3; para. 8, p. 5Holding
The petition was disposed of with a direction to respondent Nos. 2–4 to release the necessary funds and pay the petitioner within four weeks after copies of the order were delivered at their office.
The connected miscellaneous application(s) were also disposed of.
Source reference: para. 8, p. 5No separate award of interest was made.
Source reference: para. 8, p. 5Original Court PDF
TASLEEM HUSSAIN SHAHvsUNION TERRITORY OF J AND K (P.W.D.) AND OTHERS
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