Pay Rs 5k to petitioner for failing to file reply: HC to Jal Shakti deptt

Srinagar, Feb 23: The High Court of Jammu & Kashmir and Ladakh directed the Executive Engineer, Jal Shakti, Department, Budgam to pay Rs 5000 to the petitioner for failing to file a reply to a plea seeking release of Rs 12 lakh for the contractual work executed by the petitioner.
The court granted one more opportunity of four weeks’ to the Executive Engineer, Jalshakti department, Budgam, who was present in the court, to file a reply subject to costs of Rs. 5000 to be paid to the petitioner by the Executive Engineer from his own pocket.
“However, it is made clear that in the event, reply is not filed within the prescribed time period, right to file the same shall stand closed and matter would be heard in absence of reply,” Justice Vinod Chatterji Koul said.
The bench directed the respondents to also keep available record of the case positively on the next date of hearing.
The court passed the directions after noting that despite availing last and final opportunity on November 4, last year, the respondents did not file reply besides record was also not produced, as a consequence of which the Executive Engineer was directed to appear in person before it on the next date of hearing along with record of the case.
The deputy Advocate General representing the respondents sought further time to file reply to the plea and also produce a record of the case.
Justice Koul posted the matter for hearing on March 23.
The court was hearing a plea filed by Ali Mohammad Bhat in 2015 seeking direction to the respondents to immediately release the admitted pending amount of Rs.12,04,214 along with interest as accrued till date in his favor without any further delay for the contractual work executed by him.
The petitioner submitted that despite completing the work in all respects and the scheme now being fully operational on ground the respondents either on one pretext or other without any reasonable explanation are delaying the necessary payments accrued due towards respondents for the reasons best known to them only.
It was stated in the plea that total amount to be paid to the petitioner by way of bills already submitted to the respondents amounts to Rs. 14,72,214 out of which till date the petitioner has only being released Rs.2,67,000 in total as first installment and rest of the payment amounting to Rs. 12,04,214 remains unpaid as such leaving the fate of the petitioner completely un-abated.
It further stated that the bills related to the allotted work have already been submitted to the concerned department.
“However, time and again the petitioner is condemned unheard about the subject matter.”