Jammu and Kashmir High Court
WP(C)/531/2023 of MOHD YASIN SHEIKH AND OTHRS Vs UT OF J AND K TH ITS COMMISSIONER SECRETARY PUBLIC WORKS DEPARTMENT AND OTHRS on 29 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 531/2023 CM No. 1271/2023 ‘ Mohd. Yasin Sheikh and others …..Appellant(s)/Petitioner(s) Through: Mr. Supreet Singh Johal, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG with Ms.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 531/2023
CM No. 1271/2023
‘
Mohd. Yasin Sheikh and others
…..Appellant(s)/Petitioner(s)
Through: Mr. Supreet Singh Johal, Advocate.
vs
UT of J&K and others
.…. Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG with
Ms. Sagira Jaffar, Advocate
Ms. Pallavi Sharma, Advocate vice
Mr. Ravinder Gupta, AAG
Mr. Ajaz Lone, Advocate
Investigating Officer-Mr. Taranjeet Singh, Inspector (Present in person).
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
29.07.2026
1. The petitioners have filed this writ petition for grant of following reliefs: I. Issue writ in the nature of certiorari quashing the work orders dated 27.12.2022, 17.01.2023, 09.01.2023, 09.01.2023 pursuant to E-NIT dated 27.10.2022 and 05.11.2022 respectively and any other allotment which may have been issued in favour of the private respondents after the issuance of Communication dated 18.08.2021, whereby the private respondents were debarred from participating. II. Issue writ in the nature of Certiorari quashing the license of the private respondents which were fake as per the report of the Crime Branch and the Communication of the UEED. III. Issue writ in the nature of mandamus commanding the respondent No. 5 to conclude the investigation in the FIR bearing No. 01/2020 registered with the Police Station, Crime Branch, Jammu expeditiously or further to transfer the said investigation to the CBI or any other independent authority. Serial No. 185
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IV. Any other appropriate order or direction as the Hon’ble Court may deem fit and proper in the fact and circumstances of the case may also be passed in favour of the petitioners, in the interest of justice.
2. Mr. Ajaz Lone, learned counsel for the private respondents i.e. respondent Nos. 6, 8 and 9 submits that the present petition has been rendered infructuous so far as relief sought by the petitioners for quashing work orders dated 27.12.2022, 17.01.2023, 09.01.2023, 09.01.2023 pursuant to E-NIT dated 27.10.2022 and 05.11.2022 respectively is concerned, as the works stand already completed. He further submits that the Dy. SP Crime Branch Jammu has intimated the Chief Engineer concerned that as the matter is still under investigation, the above mentioned contractors be allowed to participate in the tendering process till the allegations levelled against them are proved.
3. Faced with this situation, Mr. Supreet Singh Johal, learned counsel for the petitioners submits that notwithstanding the fact that the relief sought by the petitioner qua the works allotted to the private respondents has been rendered infructuous, however, the claim of the petitioners for quashing of licenses of the private respondents which were found to be fake as per report of the Crime Branch and the communication of the UEED still survives and further the respondent No. 5 is otherwise under obligation to conclude the investigation in FIR No. 01/2020 expeditiously.
4. Mr. Taranjeet Singh, Investigating Officer in FIR No. 01/2020 registered with Police Station, Crime Branch, Jammu is present in
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person. He submits that he has been recently assigned the investigation of this FIR and six months’ time is required to conclude the investigation.
5. In view of the above, as the issue regarding genuineness of the licenses issued in favour of the private respondents is still a matter of investigation, pending with the Crime Branch, Jammu in terms of the communication dated 31.01.2022 and 07.07.2022, therefore this Court is of the considered opinion that the reliefs sought by the petitioners for cancellation of the licenses issued in favour of the private respondents cannot be granted, as the Crime Branch is still investigating the matter, as such, the present petition is disposed by directing the respondent No. 5 to conclude the investigation within the time period as sought by the Investigating Officer.
6. The petitioner shall be at liberty to approach the Court afresh in case the conclusion of the investigation is against the private respondents.
7. Disposed of along with the connected application.
(RAJNESH OSWAL)
JUDGE
Jammu 29.07.2026 Sahil Padha
Sahil Padha 2026.07.30 10:21 I attest to the accuracy and integrity of this document