JUDGMENT 1. In this writ petition it is prayed that respondents be directed to make payment of an amount of Rs. 4.40 lacs to which he is entitled to on the basis of the Work Contract for Execution of Balance Leftover Work of Fire Fighting at Government Arts Emporium Building, Srinagar. The value of the Work Contract was fixed at an amount of Rs. 8.40 lacs. It is pleaded in the writ petition that the Respondent Corporation released Rs. 4.00 lacs in favour of the petitioner at the time of receipt of material at site as per the terms of contract and the balance amount of Rs. 4.40 lacs is still unpaid, despite having successfully executed work. 2. The Respondent Corporation in its reply affidavit has stated that the project authority J&K Handicrafts Corporation Ltd. has not released the amount despite sending of communications to them that is how the amount could not be paid to the petitioner. 3. It is also pleaded in the objections that the writ petition is not maintainable. 4. It is further pleaded as also submitted at Bar by Mr. Naife, learned counsel for respondents that it is agreed upon between the parties that the amount will be paid to the petitioner only after same is received from the J&K Handicrafts Corporation Ltd. 5. This agreement has not been placed on record. 6. In view of the-aforesaid fact situation the Court on 1st January, 2015 passed the following order: "Petitioners claim is admitted by respondents. It is admitted that an amount of Rs. 4.40 lacs is payable by respondent corporation on account of works executed by petitioner. Respondents, however, propose to wriggle out of obligation to pay the amount on demand on the ground that petitioner entered into an agreement with respondent corporation that he may wait for release of payment of amount till corporation has funds available. Petitioner denies such agreement executed by him and insists that respondent corporation, in view of stand taken, is under obligation to pay withheld amount to petitioner. Respondent Corporation though more than once asked to produce agreement relied upon by it to escape immediate payment of amount in question to petitioner, has not placed agreement on record, till date. Petitioner denies such agreement executed by him and insists that respondent corporation, in view of stand taken, is under obligation to pay withheld amount to petitioner. Respondent Corporation though more than once asked to produce agreement relied upon by it to escape immediate payment of amount in question to petitioner, has not placed agreement on record, till date. Petitioner is ready and willing to swear affidavit, asserting therein that no agreement, as claimed by Respondent Corporation, has ever been executed by him and that respondents cannot avoid to make payment of the amount withheld. Let such affidavit be filed within four weeks. In the meantime respondents would be at liberty to produce agreement attributed to petitioner. List on 9th February, 2015." 7. In pursuance to the Court Order the petitioner has filed an affidavit in which he has stated that he has not given anything in writing to the Respondent Corporation that he would receive the money from the Respondent Corporation after funds are made available by the project authority or any other concerned department of the State of J&K. 8. In the facts of this case when it is admitted that the Respondent Corporation has to pay an amount of Rs. 4.40 lacs to the petitioner, as is mentioned in order dated 1st January, 2015, and when no document indicating the consent of the petitioner that the amount will be paid to him after same is received from the project authority, and in view of the fact that an affidavit has been filed by the petitioner that no such undertaking was given by him, respondent corporation is duty bound to pay the amount of Rs. 4.40 lacs to the petitioner. 9. The Respondent Corporation is a Government Controlled Corporation and an authority under Article 12 of the Constitution of India. The respondents have acted arbitrarily in not performing public duty in paying the admitted amount to petitioner, which has infringed his right guaranteed under Article 14 of the Constitution. Further, petitioners rights guaranteed under Article 21 of the Constitution of India have been infringed by nonpayment of the admitted amount to him. 10. For the above stated reasons this writ petition is disposed of in the following manner; The respondent corporation is directed to pay an amount of Rs. 4.40 lacs to the petitioner within four weeks from today. Further, petitioners rights guaranteed under Article 21 of the Constitution of India have been infringed by nonpayment of the admitted amount to him. 10. For the above stated reasons this writ petition is disposed of in the following manner; The respondent corporation is directed to pay an amount of Rs. 4.40 lacs to the petitioner within four weeks from today. In case amount is not paid within four weeks from today, the respondent corporation shall have to pay interest @ 12% on the aforesaid amount to the petitioner. The amount however, shall be finally paid to the petitioner within four months from today. 11. Disposed of along with CMP. Petition disposed of