Jammu and Kashmir High Court
WRIT PETITION 2609/2018 on 31 December 2018
HIGH COURT OF JAMMU AND KASHMIRAT JAMMU
LPA No. 232/2018, IA No. 01/2018
Date of order: 31.12.2018
Jehlum Enterprises Th. Vijay Dhawan Vs. State of J&K and ors.
Coram:
HON’BLE THE CHIEF JUSTICEHON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Appearance:
For the petitioner/appellant (s) : Mr. S.K Anand, Advocate. For the Respondent(s) : Mr. Sudesh Magotra, GA for R-1
Mr. Faraz Iqbal, Advocate for R-4
i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No
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1. By way of the instant appeal, a challenge is raised to an order dated 21[st]December, 2018 passed in IA No. 01/2018 in OWP No. 2609/2018 by the learned Single Judge. It appears that the appellant’s challenge in respect of the December, 2018 passed in IA No. 01/2018 in OWP No. 2609/2018 by the learned Single Judge. It appears that the appellant’s challenge in respect of the award of contract pursuant to e-NIT No. 14 of 2018 dated 24[th] October, 2018 to respondent No. 4 was not accepted. respondent No. 4 was not accepted.
2. The impungd order would show that the learned Single Judge, while issuing notice to respondent No. 4 granted time to official respondent Nos. 1 to 3 to file objections. notice to respondent No. 4 granted time to official respondent Nos. 1 to 3 to file objections.
3. When the matter has come up today, the respondent No. 4 is represented by Mr. Faraz Iqbal, Advocate, who informs this Court that in a previous writ petition (OWP No. 1704/2018), the appellant had challenged e-NIT No. 03 of 2018 dated 26[th] June, 2018 on a contract relating to the same product. During the pendency of this writ petition, the e-NIT No. 14 of 2018 came to be issued by the respondent Nos. 1 to 3. The writ Court was informed of this fact on 13[th]Faraz Iqbal, Advocate, who informs this Court that in a previous writ petition (OWP No. 1704/2018), the appellant had challenged e-NIT No. 03 of 2018 dated 26[th] June, 2018 on a contract relating to the same product. During the pendency of this writ petition, the e-NIT No. 14 of 2018 came to be issued by the respondent Nos. 1 to 3. The writ Court was informed of this fact on 13[th]
November, 2018 and the same stands noted in the order which was recorded on that date.
4. Pursuant to the tenders issued by the respondent Nos. 1 to 3, respondent No. 4 has been found to be the lowest tenderer and on 17[th] November, 2018, the contract stands awarded to respondent No. 4. has been found to be the lowest tenderer and on 17[th] November, 2018, the contract stands awarded to respondent No. 4.
5. As on date, according to Mr. Faraz Iqbal, learned counsel, the supply of material to the Anganwaris in terms of the contract is being daily effected. material to the Anganwaris in terms of the contract is being daily effected.
6. Learned counsel for respondent No. 4 has also contended that the writ petitioner sat over the matter and has waited for the award of the contract and supply is being effected by his client to respondent Nos. 1 to 3 and has filed the writ petition only thereafter. petitioner sat over the matter and has waited for the award of the contract and supply is being effected by his client to respondent Nos. 1 to 3 and has filed the writ petition only thereafter.
7. Be that as it may, given the above position, we are not inclined to entertain the challenge to the order dated 21[st] December, 2018 as is being pressed before us. challenge to the order dated 21[st] December, 2018 as is being pressed before us.
8. The writ petition be listed before the writ court in the 1[st] February, 2019. We would request the learned Single Judge to take up the matter on that date. would request the learned Single Judge to take up the matter on that date.
Conclusion
9. We accept the request of the learned counsel for the appellant and direct that the respondent Nos. 1 to 3 on the one hand and respondent No. 4 on the other, shall positively file the counter affidavit on or before 28[th] January, 2019. Advance copy thereof, shall be given to the learned counsel for the appellant, who shall file re-joinder, if any, before the next date. the respondent Nos. 1 to 3 on the one hand and respondent No. 4 on the other, shall positively file the counter affidavit on or before 28[th] January, 2019. Advance copy thereof, shall be given to the learned counsel for the appellant, who shall file re-joinder, if any, before the next date.
10. List on 1[st] February, 2019.
11. Needless to say, nothing herein contained shall be treated as an expression of opinion on the merits of the contentions of both the sides. opinion on the merits of the contentions of both the sides.
12. This appeal is disposed of in the above terms.
Jammu 31.12.2018 Tarun
(Tashi Rabstan) (Gita Mittal)
Judge Chief Justice