Jammu and Kashmir High Court
WP(C)/190/2026 of M/S H.H CONSTRUCTION TH SARFRAZ AHMAD Vs UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS on 3 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 190/2026 CM No.455/2026 Date of Order: 03.02.2026 Uploaded on: 05.02.2026 M/S H.H Constructions Darhal, Malkain, Tehsil Darhal, District Rajouri, J&K Pin No.185135 Through its Proprietor, Sarfraz Ahmad, Aged 32 years S/O Shafait Ahmad,
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 190/2026
CM No.455/2026
Date of Order: 03.02.2026
Uploaded on: 05.02.2026
M/S H.H Constructions
Darhal, Malkain, Tehsil Darhal,
District Rajouri, J&K
Pin No.185135
Through its Proprietor,
Sarfraz Ahmad, Aged 32 years
S/O Shafait Ahmad,
R/O Chokian, Tehsil Darhal
District Rajouri, J&K 185135.
…..Appellant(s)/Petitioner(s)
Through: Mr. Yavar Ramzan, Advocate.
Vs.
1. Union Territory of Jammu & Kashmir
Through commissioner Secretary to
Government, Department of Public Works
(R&B), Jammu/Srinagar, J&K Pin:180001.
2. Chief Engineer PWD (R&B)
Pir Panjal Range, PWD DaK Bunglow,
District Rajouri, J&K, Pin:185131.
3. Superintending Engineer,
PWD(R&B) Circle Rajouri,
District Rajouri, J&K, Pin:185131.
4. Executive Engineer,
Department of Public Works, R&B,
Rajouri, J&K, Pin:185131
5. Abdul Rashid
S/O Mohd. Yousaf
R/O Kotli Kalaban Tehsil Majakote,
District Rajouri, J&K Pin 185131
.…. Respondent(s)
Through: Mr. Nirmal Kotwal, Advocate vice Mr. Ravinder Gupta, AAG.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(03.02.2026)
1. Petitioner, through the medium of this petition, seeks direction to the respondents quashing the decision/action dated 27.01.2026, whereby permitting private respondent, a blacklisted entity, to participate in the tender bearing e-NIT Serial No. 136
No.77 of 2025-26 dated 16.01.2026 regarding remodelling of Palaash Manjakote, Rajouri by the PWD (R&B) Division Nowshera.
2. Learned counsel for the petitioner has argued that the official respondents have entertained the tender of respondent No.5 who has been blacklisted by Executive Engineer, PWD(R&B), Division Nowshera vide communication No.4926-28 dated 31.07.2025 and debarred from participating in tendering process in PWD(R&B) Division, Nowshera for financial year 2025-26; as such, the respondent No.5 could not file tenders for the work-remodelling of Palaash Manjakote, Rajouri, in terms of e-NIT No.77 of 2025-26 dated 16.01.2026, and that the private respondent is not entitled even being L-1, for allotment of work.
3. Learned counsel for the petitioner further submits at Bar that the petitioner shall be satisfied, in case, this petition is, disposed of, at this stage, with a direction to the official respondents to consider the plea raised by the petitioner in this petition before finalizing the contract. His statement is taken on record.
4. In view of the pleadings and the facts and circumstances of the case and the submissions made by learned counsel for the petitioner, this petition is, disposed of, at its threshold at the motion stage, with a direction to respondent No.4- Executive Engineer, PWD(R&B) Division Rajouri, to consider the pleas raised in this petition before taking final call, qua allotment of the work in question in terms of e-NIT No.77 of 2025-26 dated 16.01.2026. The petitioner shall provide a full set of the petition along with copy of this order for consideration of the respondent.
5. The petition stands disposed of in the above terms, along with connected application.
(M A CHOWDHARY) JUDGE
Jammu 03.02.2026 Surinder
Surinder Kumar 2026.02.05 16:07 I attest to the accuracy and integrity of this document