JUDGMENT WP(C) No. 1385/2021: 1. The Department of Youth Service and Sports was entrusted with augmentation of sports infrastructure in the Union Territory of Jammu and Kashmir for 196 projects funded by the JKIDFC. The execution of the works was entrusted to the Engineering wing of the Jammu and Kashmir Sports Council vide Government Order No. 24-EDU (YSS) of 2019 dated 06.03.2019. As per the Government order, the entire process of tendering technical sanction and allotment was to be undertaken by Executive Engineer, J&K Sports Council, Kashmir (for short 'The Council') after obtaining administrative approval from the Directorate of Youth Service and Sports, J&K. 2. The works in question i.e. construction of cement concrete basketball court at HSS Achan Rajpora was allotted at the cost of Rs. 18.55 lacs whereas another work of construction of basketball court at HSS Harmain and Pahnoo was allotted at the cost of Rs. 18.24 lacs after completion of codal formalities. The petitioner succeeded in the open tendering process for construction of cement concrete basketball court at HSS Achan Rajpora and HSS Harmain and Pahnoo. The work at HSS Achan Rajpora and HS Harmain and Pahnoo were completed by the petitioner and the requisite bills for payment were raised by Engineering Wing of J&K Sports Council for an amount of Rs 8,34,800 and 9,08,100 and were accordingly uploaded in JKIDFC Portal for release of payment. 3. The grievance of the petitioner is that respondent No. 2 without any reason or justification intervened in the matter and stopped the release of payment at the stage when it was only to be disbursed to the petitioner. This constrained the petitioner to file instant petition seeking mandamus to the respondents for release of payment due for the execution of two works i.e, construction of cement concrete basketball court at HSS Achan Rajpora and construction of basketball court at HSS Harmain and Pahnoo. 4. On being put to notice, the respondents through Mr. Sajad Ashraf, learned GA have filed their objections. The execution of the works in question by the petitioner are not denied. However stand taken by respondents is that the respondent No. 2 with a view to undertake physical verification of the projects constituted two Committees headed by Joint Director, Kashmir and Deputy Director (E&S) Jammu for Kashmir and Jammu Divisions respectively. 5. The execution of the works in question by the petitioner are not denied. However stand taken by respondents is that the respondent No. 2 with a view to undertake physical verification of the projects constituted two Committees headed by Joint Director, Kashmir and Deputy Director (E&S) Jammu for Kashmir and Jammu Divisions respectively. 5. In compliance to the direction, respondent No. 2/Joint Director Youth Service and Sports Kashmir constituted a District Level Committee for physical verification of all the works executed under the programme 'augmentation of sports infrastructure in Jammu and Kashmir' in Kashmir Divison. With respect to the claim of the petitioner in respect of District Pulwama and Shopian, the verification report submitted by the concerned Committee revealed that works were sub-standard. Accordingly, payment in favour of the petitioner was not released. Respondent No. 1 and 2 have placed on record Committee report dated 03.06.2021. 6. On filing of the instant petition and also taking cognizance of the grievance registered by the petitioner in the office of Lt. Governor, the Administrative Department, vide Letter dated 29.06.2021, asked for detailed factual report in the matter. In response to the Administrative Department's Communication dated 29.06.2022, respondent No. 2 forwarded the detailed report to Administrative Department vide its communication dated 30th July 2021. Having regard to the report submitted by respondent No. 2, the Administrative Department constituted a fact finding Committee for ascertaining the genuiness of the claim/work done by the petitioner as also to enquire into the allegation of execution of sub-standard works by the petitioner. The Enquiry Committee was constituted vide Government Order No. 49-JK(YSS) 2021 dated 11.08.2021. Respondent No. 2 submits that report from Enquiry Committee constituted by the Government is awaited and further action in the matter shall be taken by the Government and other respondents on the basis thereof. 7. Having heard learned counsel for the petitioner and perused the material on record, I am of the considered view that the instant case is not a matter where the respondents have unequivocally admitted their liability to make the payment to the petitioner on account of execution of two works in question. As per the preliminary report of the Enquiry/Fact Finding committee appointed by respondent No. 2, the works executed by petitioner have been found to be sub standard. However taking cognizance of the grievance projected by the petitioner before different authorities including Lt. As per the preliminary report of the Enquiry/Fact Finding committee appointed by respondent No. 2, the works executed by petitioner have been found to be sub standard. However taking cognizance of the grievance projected by the petitioner before different authorities including Lt. Governor and the Advisor concerned, the Government vide Government Order No. 49-JK(YSS) 2021 dated 11.08.2021 has constituted an Enquiry Committee to conduct a detailed enquiry in the execution of the works under 'augmentation of Sports infrastructure in Jammu and Kashmir'. The Committee has also to inquire into the allegations of sub standard execution of all the works including works executed by the petitioners. As per reply filed on 28.02.2022, the report of the Committee is awaited. 8. In view of the aforesaid facts and circumstances emerging from the pleadings of the parties and the documents on record and to render complete justice in the matter, this petition is disposed of by directing the respondents, particularly Administrative Department of Youth Service and Sports, to expedite the enquiry undertaken by the Committee constituted by it vide Government Order No. 49- JK(YSS) 2021 dated 11.08.2021 and take final decision in the matter within a period of two months from the date a copy of this judgment is served upon the respondents. Needless to say that in case on enquiry and consideration of the matter by the Government or respondent No. 2 as case may be, the amount claimed by the petitioner is found due, the same shall be disbursed to him without any further delay and in any case within four weeks from the date of conclusion of enquiry by the government constituted Committee. In case of dispute with regard to the quality or quantity of works executed by the petitioner and his entitlement to the payment, the remedy of the petitioner would lie before the Forum other than this Court exercising extraordinary writ jurisdiction under Article 226 of the Constitution of India. The petitioner may have to work out and avail the remedy available to him under civil law.