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

Order Date: 19 September 2026

Case Overview

  • Petitioner: M/S Tata Joinery, represented by Ms. Sehreen Zehra, Advocate.
  • Respondents: Union Territory of Jammu & Kashmir and others, represented by Mr. G. N. Sofi, Deputy Advocate General.
  • Petition Number: WP(C) 2359/2026 CM(6416/2026).
  • Relief Sought: (i) Writ of Mandamus directing release/payment of Rs 9,74,417 for renovation & repairing ceiling Eco paneling, rough ceiling & SS book rack for new library block at Government Degree College for Women, Anantnag; (ii) Interest on the amount from due date till realization; (iii) Any other appropriate order.
  • Background: The petitioner was authorized by SICOP letter No. SICOP/DGM/21-22/12/31-33 dated 19‑04‑2021 to execute the specified work. The work was completed to the satisfaction of the authorities, and a bill of Rs 9,74,417 was submitted and processed. Despite admission of liability in a communication dated 09‑12‑2023 from the Executive Engineer, SICOP, to the Principal of the college, and a reminder on 01‑07‑2025, the amount remained unpaid.
  • Legal Precedent Cited: Judgment in M/S Saint Soldier Engineer and Contractor Pvt. Ltd. through its Director vs. Union Territory of JK, WP(C) No. 2472/2022, decided 26 September 2025.

Final Outcome

  • The Court, after hearing counsel, issued notice to respondents (later waived by Deputy Advocate General).
  • Finding the liability admitted and undisputed, the Court ordered respondents No. 2 and 3 to treat the petition as a representation and release Rs 9,74,417 within four weeks of the order being served.
  • Respondents must consider the earlier Saint Soldier Engineer judgment when processing the payment and forward any order of consideration to the petitioner by registered post.
  • If respondents wish to hear the petitioner before finalising their consideration, they must give notice, allowing the petitioner to produce additional documents.
  • The writ petition and connected CM(s) are disposed of as directed.

Topics: Payment of Government Dues, Public Works Contract