Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar

Order Date: 10 September 2026

Case Overview

  • Petitioner: Mufti Mohsin Shabir, represented by Ms. Arifa Jan and Ms. Momina Aslam.
  • Respondents: Union Territory of Jammu & Kashmir and others, represented by Deputy Advocate General Hakeem Aman Ali.
  • The petition seeks quashing of the order dated 4 August 2025 and payment of Rs 4,37,565 with interest.
  • Earlier petition WP(C) No.992/2025 was disposed on 5 May 2025, directing consideration of the claim.
  • Respondents rejected the claim, stating the works were allotted without tender, violating Rule 139 of the General Financial Rules, 2017, and not complying with the Department of Finance circular dated 26 April 2021.
  • Two works were allotted on a “job order basis” totaling Rs 13,15,320; Rs 8,77,753 had already been released, leaving Rs 4,37,565 unpaid.
  • Respondents admitted execution of the works but relied on non‑compliance with codal formalities to deny payment.

Court Reasoning

  • The Court noted that once the work is executed and payment partially made, the respondent cannot deny the balance on the ground of procedural lapses.
  • Citing Union Territory of J&K and ors. vs. Sanjeev Kumar (LPA No.137/2020, 23 February 2021), the Court held that lack of tendering does not relieve the government of liability for work already performed.
  • The Court emphasized that the petitioner cannot be expected to verify jurisdictional or tendering compliance when the contract was already allotted and executed.

Final Outcome

  • The order dated 4 August 2025 is quashed.
  • Respondents are directed to release the outstanding amount of Rs 4,37,565 to the petitioner.
  • Interest at 6% per annum is to be payable from the date of filing of the petition until full payment is made.
  • The record is to be returned to the respondents’ counsel.

Topics: Legal Payment Dispute, Government Procurement