Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 4335 (JK)

M/S SRM CONTRACTORS LTD TH RAJESH KUMAR v. UT OF J AND K TH COMMISSIONER SECRETARY PMGSY JKRRDA AND OTHERS

WP(C)/2223/2025 · 2025-08-13

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 2223/2025 CM No. 5092/2025 M/S SRM Contractors Ltd …..Petitioner(s) Through: Mr. Manik Dutt, Advocate Vs UT of J&K and Ors. .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (ORAL) 13.08.2025 01. After perusing the record, this Court is of the view that as on date, merely a recommendation has been issued by the Chief Engineer, who is looking after the work of S.E., PMGSY Circle Batote to Chief Engineer, PMGSY JKRRDA vide communication dated 06.08.2025, which recommendation till date has not been acted upon and the action on the basis of the same has not been taken and in absence of the same, the petitioner has rushed to this Court prematurely by filing the instant petition. 02. In the aforesaid backdrop, after arguing for a while, when the learned counsel was confronted with the maintainability of the instant petition which is premature as no cause of action as on date has accrued to file the instant petition, the learned counsel fairly submits that he intends to withdraw the instant petition with a liberty to file fresh one in absence of accrual of cause of action. S. No. 118 2 03. However, dismissal of the instant writ petition, which is premature shall not come in the way of the petitioner to file detailed representation with respect to the recommendations made in the aforesaid communication which has been impugned in the present petition before the respondents Nos. 2, 3 and 4. 04. In case, if the said representation is filed, the same shall be accorded due consideration strictly in accordance with law and as per rules within period of two weeks from today. 05. This direction shall not be construed as a rider to proceed further either to accept or reject the said recommendations mentioned (supra). However, it is expected that while taking a decision, the respondents will accord due consideration to the representation which is likely to be filed by the petitioner in terms of the instant order. 06. The writ petition is dismissed as withdrawn with a liberty as prayed for. (WASIM SADIQ NARGAL) JUDGE JAMMU 13.08.2025 Riya Kochhar