M/S GF CONSTRUCTIONS TH ITS MANAGING PARTNER MUJEEB UR REHMAN DAR v. VIKESH KUMAR AND OTHERS
LPA/303/2025 · 2025-12-23
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 11128 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 11128 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
LPA No. 303/2025
Sr. No. 41 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CJ Court
Case: LPA No. 303/2025 in WP(C) No. 3258/2025 CM No. 8330-31/2025 Cav No. 2906/2025
M/s GF Constructions th. Managing Partner Mujeeb Ur Rehman Dar.
…Petitioner(s)/Appellant(s) Through: Mr. D C Raina, Sr. Advocate with M/s Anuj Dewan Raina, Mazher Ali Khan & Mukesh Chalotra, Advocates.
V/s
Vikesh Kumar and ors. …. Respondent(s) Through: Mr. Sunil Sethi, Sr. Advocate with Mr. Ankesh Chandel, Advocate for respondent/caveator no.1 Mr. Ravinder Gupta, AAG for respondent nos. 2 to 4.
CORAM: HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER 23.12.2025
Cav No. 2906/2025
Discharged.
LPA No. 303/2025
01. Concededly, in response to e-NIT No. CEJ/PMGSY/792 of 2025-26 dated 30.07.2025 issued by the Chief Engineer, PMGSY (JKRRDA) for 64 road construction works, the appellant as also the private respondent had submitted their respective bids. It is not in dispute that respondent no.1 was declared non- responsive by the respondent-Authorities and being aggrieved he approached this Court vide WP(C) No. 3258/2025 (Vikesh Kumar. Vs. UT of J&K and ors.). And the Writ Court vide impugned order while issuing notice to the respondents also
LPA No. 303/2025
directed the Tender Inviting Authority to consider/evaluate the financial bid of the respondent herein.
02. We are informed by Mr. Ravinder Gupta, learned Additional Advocate General, that the financial bids of all the tenderers/participants were opened and evaluated. But the results have not been formally declared/notified. It is urged that he is under instructions to submit, for, the matter is sub-judice before the Writ Court, the Authorities would not assign the Contract till the matter is finally decided.
03. It is not in dispute either that the appellant is not a party to the petition. Needless, to assert that in the event, any of his rights/interests are/is impaired because of the order that is being assailed, he was/is at liberty to move an appropriate application before the Writ Court.
04. In the given circumstances, learned counsel for the respective parties submit that it would be expedient if the appellant is arrayed as respondent to the petition and contest the matter. And, to secure the interest of all the stakeholders, a joint request shall be made by learned counsel for the parties to the Writ Court to take up and decide the matter at the earliest.
05. In wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the appeal is disposed of.
(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 23.12.2025 Sunita/Secy.
SUNITA KOUL 2025.12.24 12:37 I attest to the accuracy and integrity of this document