M/S NAV BHARAT FLOUR MILLS SIDCO INDUSTRIAL COMPLEX BARI BRAHMANA JAMMU TH SANJAY PURI v. FOOD CORPORATION OF INDIA TH CHAIRMAN AND OTHERS
WP(C)/181/2023 · 2025-10-13
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 13668 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13668 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 181/2023
M/s Nav Bharat Flour Mills SIDCO Industrial Complex
..... Petitioner(s)/Appellant(s)
Through :- Mr. Abhishek Wazir, Advocate
Vs
Food Corporation of India and Ors. .....Respondent(s)
Through :- Mr. A.H. Bhat, Advocate
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 13.10.2025
01.
Learned counsel for the petitioner fairly submits that the issue projected in the instant petition stands squarely covered by the judgment passed by this Court in WP(C) No. 261/2023, decided on 09.09.2025, titled ‘Mahajan Roller Flour Mills Vs. Food Corporation of India and Ors.’ along with connected matters. He, accordingly, prays that the instant petition be also
disposed of in the same manner. He further submits that the petitioner through the medium of the present petition, has assailed the order dated 05.07.2022 and notices dated 15.07.2022 & 07.09.2021, and the relief herein is identical to the one already granted in the aforesaid writ petition, wherein the impugned communications were quashed and the petitions were allowed in the following manner:-
“Keeping in view the authoritative enunciation of law as referred and the discussion made hereinabove, both the writ petitions bearing WP(C) No. 261/2023 and WP(C) No. 1651/2022 are allowed and the impugned communications bearing No. JI(S)/OMSS(D)/Defaulter parties/2021- Sr. No. 22
2 | P a g e WP(C) No. 181/2023
22/1638 dated 07.09.2021 in WP(C) No. 261/2022 as well as No. ROJ/Coml/Audit Para/2017/428 dated 05.07.2022 in WP(C) No. 1651/2022 are hereby quashed and the respondents are restrained from withholding the amount of the petitioners in any other tender and also not to create any kind of impediments to the petitioners with respect to any of the future tender/e-auctions on the basis of the alleged illegal impugned orders/communications. Further the respondents are also restrained from initiating recovery proceeding against the petitioners.”
02.
Learned counsel for the respondents, however, could not project anything which could convince this Court that the case of the petitioner is distinguishable to the case, which has already been decided by this Court mentioned (supra).
03. Accordingly, in view of the submissions made and the judgment relied upon, the instant petition is also allowed on the same lines as directed by this Court in WP(C) No. 261/2023, decided on 09.09.2025, along with all connected matters. Consequently, the order dated 05.07.2022 and notices dated 15.07.2022 & 07.09.2021 as well as D.1 dated 20.09.2021, impugned in the present petition, are hereby quashed, and the respondents, as a necessary corollary, are restrained from withholding the amount of the petitioner in any other tender and from creating any impediment to the petitioner with respect to any future tenders/e-auction on the basis of the impugned communication(s).
04. The writ petition is, accordingly, disposed of along with all connected application(s) in the manner indicated above.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU 13.10.2025 Mihul