HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Date of Pronouncement: 27.11.2025 Uploaded on: .12.2025 OWP No.1819/2017 1. M/s JK Flour Mills Pvt. Ltd., Kotli Mian Fateh. Tehsil R.S.Pura, Jammu Through its Managing Director, S. Narinder Singh Aged 62 years S/o Hazara Singh, R/o H.No.17-C Shastri Nagar, Jammu. 2. M/s National Roller Flour Mills, Gangyal, Jammu through its Proprietor, Amit Mahajan, Aged 38 years S/o Kasturi Lal, R/o Gandhi Nagar, Jammu 3. M/s Trikuta Roller Flour Mills Pvt. Ltd. Udhampur through its proprietor Amit Mahajan, Aged 38 years S/o Kasturi Lal, R/o Gandhi Nagar, Jammu 4. M/s R.C.Flour Mills Udhampur through its proprietor Sumit Mahajan Aged 36 years S/o Kasturi Lal, R/o Gandhi Nagar, Jammu 5. M/s Bhagwati Flour Mills, Gangyal Jammu through its proprietor Shri Kasturi Lal, R/o Gandhi Nagar, Jammu 6. M/s Ganpati Flour Mills, Near Sarore Adda, Samba through its proprietor Raman Gupta Aged 42 years S/o Romesh Lal R/o Trikuta Nagar, Jammu. 7. Shree Vaishno Flour Mills, Bari Brahmana, Jammu through its proprietor Shri Anil Gupta Aged 45 years S/o Late Charan Dass Gupta, R/o Channi Himmat, Jammu 8. K.K Flour Mills Bari Brahmana, Jammu through its proprietor Ritu Gupta Aged 45 years W/o Sunil Gupta, R/o Gandhi Nagar, Jammu 9. Rudra Flour Mills Nanak Chak, Samba through its proprietor Balraj Singh Charak Aged 42 years S/o Ravi Singh Charak. R/o Old Satwari, Jammu Sr. No. 05 2 10. Vijay Roller Flour Mills Bari Brahmana, Jammu through its proprietor Amit Gupta, Aged 40 years S/o Vijay Gupta R/o Canal Road, Jammu 11. Durga Flour Mills Bari Brahmana, Jammu through its proprietor Subash Chander Gupta, Aged 70 years S/o Shri Om Parkash Gupta, R/o 142 Lajpat Nagar Canal Road, Jammu 12. Om Flour Mills Bari Brahmana Jammu through its proprietor Naresh Kumar Gupta Aged 66 years S/o Shri Om Parkash Gupta, R/o 142 Lajpat Nagar Canal Road, Jammu. …..Applicant/Petitioner(s) Through: Mr. Sunil Sethi Sr. Advocate with Mr. Ankesh Chandel, Advocate. V/s 1. State of Jammu and Kashmir through Commissioner/Secretary, Food, Civil Supplies and Consumer Affairs Department Civil Secretariat, Srinagar 2. Director, Food, Civil Supplies and Consumer Affairs Department, Plot No.58 Friends Colony Trikuta Nagar, Jammu 3. Assistant Director, Food Civil Supplies and Consumer Affairs Department, Jammu. …..Respondent(s) Through: Mr. Adarsh Bhagat, GA. OWP No.1757/2018 1. M/s JK Flour Mills Pvt. Ltd., Kotli Mian Fateh. Tehsil R.S.Pura, Jammu Through its Managing Director, S. Narinder Singh Aged 62 years S/o Hazara Singh, R/o H.No.17-C Shastri Nagar, Jammu. 2. M/s National Roller Flour Mills, Gangyal, Jammu through its Proprietor, Amit Mahajan, Aged 38 years S/o Kasturi Lal, R/o Gandhi Nagar, Jammu 3. M/s Trikuta Roller Flour Mills Pvt. Ltd. Udhampur through its proprietor Amit Mahajan, Aged 38 years S/o Kasturi Lal, 3 R/o Gandhi Nagar, Jammu 4. M/s R.C.Flour Mills Udhampur through its proprietor Sumit Mahajan Aged 36 years S/o Kasturi Lal, R/o Gandhi Nagar, Jammu 5. M/s Bhagwati Flour Mills, Gangyal Jammu through its proprietor Shri Kasturi Lal, S/o Shri. S. Mahajan R/o Gandhi Nagar, Jammu …..Applicant/Petitioner(s) Through: Mr. Sunil Sethi Sr. Advocate with Mr. Ankesh Chandel, Advocate. V/s 1. State of Jammu and Kashmir through Commissioner/Secretary, Food, Civil Supplies and Consumer Affairs Department Civil Secretariat, Srinagar 2. Director, Food, Civil Supplies and Consumer Affairs Department, Plot No.58 Friends Colony Trikuta Nagar, Jammu 3. Assistant Director, Food Civil Supplies and Consumer Affairs Department, Jammu. …..Respondent(s) Through: Mr. Adarsh Bhagat, GA. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE JUDGMENT (ORAL) 1. Since the controversy raised in both the writ petitions revolves around tender(s) for grinding of PDS wheat into whole meal atta and revision of sale rate of wheat bran, as such, both these petitions are disposed of by this common order. 02. In OWP No.1757/2018, the petitioners have sought following reliefs: 4 (a) An appropriate writ, order or direction in the nature of writ of certiorari quashing Government order no. 17-FCS&CA of 2018 dated 18.01.2018 issued by respondent no.1 whereby, amongst others, Notice Inviting Tender No.03-FCS&CAJ of 2017 dated 27.10.2017 for grinding of wheat into Whole Meal Atta for the year 2017-18 has been cancelled on the highly baseless, wrong and erroneous ground of the Department having received poor response. (b) An appropriate writ, order or direction in the nature of writ of certiorari quashing Government order no.179-FCS&CA of 2017 dated 14.06.2017 read with order in the shape of communication No.FS/5/2003/Acctts-Food-I dated 12.10.2017 issued by respondent No.1 whereby the sale rate of wheat bran has been exorbitantly increased to Rs. 16.00 per kg from Rs. 7.50 per kg and such sale rates have been made applicable w.e.f. October, 2017, being totally illegal, arbitrary and contrary to the provisions of law. (c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to finalize the tendering process for grinding of Wheat into Whole Meal Atta pursuant to NIT No.03-FCS&CA of 2017 dated 27.10.2017 by awarding the contract in favour of the successful millers strictly in accordance with the provisions of law and to implement the Government order No.179-FCS&CA of 2017 dated 14.06.2017 after tendering process in reference to NIT No.03-FCS&CA of 2017 dated 27.10.2017 is over in view of communication No.FS/5/2003/Actts/Food-I dated 07.07.2017. (d) Any other relief, which this Hon’ble Court in the facts and circumstances of the case deems fit and proper. FACTUAL MATRIX: 5 03. Petitioners, who are small scale industrial units/Mills duly registered with the District Industries Centre Jammu, are dealing in grinding of wheat. For grinding of 24000 MTs (approximately) PDS wheat into Whole Meal Atta, respondent No.2 had floated a notice inviting tenders in the month of July, 2017. Pursuant to this notice, various Millers responded to the tender notice, but subsequently, the said NIT has been cancelled by the respondents without assigning any reason. 04. Respondent No.2 floated another notice dated 02.08.2017, read with its corrigendum dated 04.09.2017, whereby tender bids of two tier system have been invited from Flour Mills registered as manufacturer/processor with Industries and Commerce Department. However, in Clause 38 of the tender document, following stipulation has been laid: “38. The grinding rates offered and accepted between the parties shall not be revised/refuted during the contractual period. However, if due to any unforeseen reasons, the rates are not fixed beyond the contractual period, the Government may extend the grinding rates till such period the rates are finalized. The department will bear the transportation charges at the minimum of freight rates and in respect of roller flour mills where extra transportation charges beyond municipal limits incurred by the Department, the same shall be recovered from the concerned Miller(s).” 05. Being aggrieved of the aforesaid stipulation contained in the tender notice dated 02.08.2017, petitioner No.1 alongwith another Flour Mill 6 approached this Court by filing OWP No.1449/2017, wherein, in terms of order dated 06.09.2017, this Court had stayed the operation of the impugned tender notice to the extent of condition No.38 (Supra). Petitioner No.1 along with various other millers submitted their respective bids, but before the same could be finalized, respondent No.2, cancelled the aforesaid tender notice dated 02.08.2017, which constrained the petitioners therein to withdraw the OWP No.1449/2017. 06. Respondent No.2 again floated abridged tender notice No.03- FCS&CA of 2017 dated 27.10.2017, wherein a similar condition, which was previously stipulated in clause 38 of tender notice dated 02.08.2017, was made part to the tender notice in terms of Clause 52(II) of the tender notice, which reads as under: “52.Transportation I. xxx xxx xxx II. The department will bear the transportation charges at the minimum of freight rates and in respect of roller flour mills where extra transportation charges beyond municipal limits incurred by the Department, the same shall be recovered from the concerned Miller(s).” 07. The petitioners herein have challenged Clause 52(II) of the abridged tender notice dated 27.10.2017 by way of OWP No.1819/2017, thereby challenging Clause 52 (II) of the abridged tender notice. Besides, the 7 petitioners have also challenged Government Order No.179-FCS&FA of 2017 dated 14.06.2017 read with order in the shape of communication dated 12.10.2017, whereby the sale rate of wheat bran has been exorbitantly increased to Rs.16.00 per kg from Rs.7.50 per kg and such sale rates have been made applicable w.e.f. October, 2017. 08. On 08.11.2017, this Court passed an order in OWP No.1819/2017, which reads as under: “In view of the aforesaid submissions, it is directed that the operation of the impugned condition/clause No.52(II) contained in the impugned NIT dated 27.10.2017 shall remained stayed till next date of hearing.” 09. The petitioners along with various other millers duly participated in the tendering process initiated by the respondents vide e-NIT dated 27.10.2017. After evaluating and processing the bids of the petitioners along with others, bids of the successful bidders were opened. However, at the back of the petitioners, who participated in the tendering process, the e- NIT dated 27.10.2017, was withdrawn by Government Order No.17- FCS&CA of 2018 dated 18.01.2018 and provided that henceforth issuance and allotment of tenders in respect of grinding of wheat into whole meal atta shall be within the domain of the State Level Contract Committee constituted vide Government Order No.06-FCS&CA of 2018 dated 10.01.2018. 8 10. Petitioners sought information with respect to the cancellation of the e-NIT dated 27.10.2017 under the J&K Right to Information Act, 2009. In response to the RTI application filed by respondent No.1, respondent No.2 vide reply dated 19.07.2018 conveyed that as many as 35 number of tenderers participated in the tendering process in reference to the abridged tender notice dated 27.10.2017 and after technical evaluations, 33 tenderers were recommended for opening of financial bids. Aggrieved by the cancellation of tender dated 27.10.2017, the petitioners have challenged the orders passed by respondent dated 18.01.2018 and 14.06.2017 by filing OWP No.1757/2018, on the ground that the same have been passed without assigning any reasonable justification. 11. Per contra, reply stands filed by the respondents in both the writ petitions. In the objections, the respondents have raised a preliminary objection with respect to the maintainability of OWP No.1819/2017, thereby stating that insofar as Clause 52(II) of the tender notice dated 27.10.2017, is concerned, the same stood deleted vide Corrigendum dated 09.11.2017, as such, the writ petition has been rendered infructuous with regard to this relief. In respect of revision of sale rate of wheat bran, it is stated that rate of bran was fixed at Rs. 7.5 per kg in the year 2007 and it was after 10 years, the rate has been revised to Rs.16.00 per kg. On the similar lines, respondents have filed objections in OWP No.1757/2018. 12. Mr. Sunil Sethi, learned senior counsel appearing for the petitioners has stated that as far as the prayer made in the OWP No.1757/2018 is 9 concerned, he does not want to press the relief (a), however, he is only insisting upon prayer (b) and (c), wherein petitioners are seeking a direction upon the respondents to implement revision of the price of wheat bran prospectively in the fresh tenders, which would be issued by the respondents and not retrospectively, prior to the issuance of the fresh tenders. 13. Learned counsel for the respondents states that the matter with respect to issuance of fresh tender notifications has been referred to the State Level Contract Committee. The Committee has to take a call for the issuance of fresh tender notices. 14. Heard learned counsels for the parties and perused the material on record. 15. Since the tender, which was issued on 27.10.2017, has been cancelled in terms of Government order No.17-FCS&CA of 2018 dated 18.01.2018, as such, there is no need to make any observation with respect to the tenders which have already been cancelled. The only thrust of the petitioners in the instant petitions is to seek a direction upon the respondents to consider enhancement of sale rate of wheat bran strictly in terms of Government Order No.179-FSC&CA of 2017 dated 14.06.2017, prospectively in terms of communication dated 07.07.2017. 16. Learned senior counsel further states that since after cancellation of tendering process initiated vide e-NIT dated 27.10.2017, no tender has 10 been issued by the respondents till date, as such, respondents may be directed to issue fresh tender strictly in consonance with the Government Order No.179-FSC&CA of 2017 dated 14.06.2017 read with Government Order No.FS/5/2003/Acctts/Food-I dated 07.07.2017. 17. Now the sole issue that needs to be considered in these petitions is with regard to the implementation of revised rates of wheat bran prospectively. In terms of communication dated 07.07.2017, Director, Department of FCS & CA, Jammu/Kashmir were asked to implement the enhanced sale rates after finalization of the tenders for grinding of wheat. Besides, it was also requested to float the tenders by or before 10th July, 2017. Later on, vide communication dated 12.10.2017, both the Directors of Jammu and Kashmir were requested to implement the revision of sale rates of wheat bran from October, 2017. 18. At this juncture, it would be appropriate to take note of order dated 11.09.2018 passed in OWP No.1757/2018, which reads thus:- “In view of the aforesaid submissions, it is directed that the revision of sale rates of wheat bran shall come into force after the process of fresh re-tenders are finalized as is provided in the Communication dated 07.07.2017.” 19. It appears that the revision of sale rates of wheat bran ordered vide Government Order No.179-FCS&CA of 2017 dated 14.06.2017 has not come into force due to the interim direction dated 11.09.2018 passed in 11 OWP No.1757/2018, whereby it was provided that the revision of sale rates of wheat bran shall come into force after the process of fresh re- tenders are finalized as is provided in the Communication dated 07.07.2017. 20. The implementation of the enhanced rate prospectively is justified in view of the interim order dated 11.09.2018, that remained in force till date. No administrative or financial action could lawfully be taken while the stay subsisted. Any retrospective application would, therefore, conflict with the explicit limitation imposed by the Court’s interim directions and would amount to acting in contravention of judicial restraint. The prospective implementation, thus, upholds judicial propriety and maintains compliance with the legal framework operative at the material time. 21. Furthermore, implementing the enhanced rate would be practicable only from the date the stay is vacated or petitions are finally decided, to ensure administrative consistency, financial prudence, and equitable treatment of all similarly placed individuals. Extending the benefit retrospectively would create avoidable legal disputes and financial irregularities, as the period under stay was protected by judicial order. Hence, prospective application represents the most legally sustainable and procedurally sound approach. 22. In view of the above, Communication dated 12.10.2017, whereby Directors, Department of FCS &CA, Jammu/Kashmir were directed to 12 give effect to Government Order No.179-FCS&CA of 2017 dated 14.06.2017 by implementing the revised sale rate of wheat bran from October, 2017 is quashed. It is provided that the revised sale rate of wheat bran ordered vide Government Order No.179-FCS&CA of 2017 dated 14.06.2017, if at all has to be implemented by the respondent, the shall become effective only after finalization of the fresh tenders. 23. Both the writ petition shall stand disposed of in the above terms. (Moksha Khajuria Kazmi) Judge JAMMU 27.11.2025 Eva Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No