Jammu and Kashmir High Court

WRIT PETITION 2702/2018 on 31 December 2018

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HIGH COURT OF JAMMU & KASHMIRAT JAMMU

OWP No.2702/2018

IA No.1/2018

Date of order: 31.12.2018

M/s Copier Corporation Plus Ltd & ors Vs State of J&K & ors.

Coram:

Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel:

For petitioner/appellant (s) : Mr. Parag Sharma, Advocate For respondent(s) : Mr. Ayjaz Lone, GA

i/ Whether to be reported in : Yes/No Press/Media Press/Media ii/ Whether to be reported in : Yes/No Digest/Journal Digest/Journal

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1. In this writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K State, the petitioners inter alia seek the following reliefs:

i)Certiorari quashing Annexure-A issued by official respondents on 04.12.2018 specifying the rates submitted by respondent No.4 being L1.

ii) Writ of Certiorari quashing the tender notice No.DSS/RC/78

of 2018 dated 04.09.2018 which does not authorize the official respondents to adopt the criteria of L-1 method.

iii) Writ of Prohibition restraining the official respondent Nos.1 to 3 to act upon the Tender Notice No.DSS/RC/78 of 2018 dated 3 to act upon the Tender Notice No.DSS/RC/78 of 2018 dated 04.09.2018.

2. After arguing for a while, learned counsel for the petitioners submits at the Bar that he would feel satisfied in case the petition in hand is disposed of with a direction to the official respondents to treat this writ petition as representation and consider the same within a certain time frame. His statement is taken on record.

3. In view of the statement made by learned counsel for the petitioners, this petition is, disposed of, with a direction to the respondent No.2 to consider the claim of the petitioners by treating this writ petition as representation and take a decision thereon, strictly under rules, on the basis of averments made in the petition and pass consideration order within a period of two weeks from the date a certified copy of the order passed today along with complete set of writ petition is made available to respondent No.2.

4. Disposed of as above along with connected MP.

Jammu: 31.12.2018 Vijay

(Sanjay Kumar Gupta)

Judge

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