S. No. 183 Suppl list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C)/811/2025 CM/2084/2025 M/S MIRJAN JOINERY MILLS AND ANR …Petitioner(s) Through: Mr. Malik Fahdul Haq, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. (PUBLIC WORKS / ROADS AND BUILDINGS) ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 15.04.2025 1. The filing of this writ petition by two petitioners-M/S Mirjan Joinery Mills & M/S Mirjan Enterprises is with a primary end aimed in setting aside of NIT No. 01/2025-26/RnB/Kul/e-tendering/21-31 dated 03.04.2025 issued by the respondent No. 2-Executive Engineer R & B Division, Kulgam in terms whereof for the work of Construction of Lecturer Block and Auditorium at Govt. Degree College Kulgam (Providing Seating Arrangements Furniture & Fixture items thereof), the tender bids have been invited from Aay, Bee & MSME (with DIC Registration of similar trader) contractor- concerns. 2. The petitioners have come forward with a claim that the tender work actually is covering the scope of work which came to be allotted to the petitioners in terms of Annexure-II tender notice issued by the General Manager (M) SICOP, Srinagar appearing in Kashmir Times Newspaper dated 29.04.2019 in terms whereof SSI Units of Kashmir Division under Marketing Assistance Scheme (MAS) with SICOP were invited to submit their tenders for the items identified in the said newspaper published notice. 3. As per the petitioners, the items identified in the newspaper published notice of 29.04.2019 are the ones which came to be supplied by the petitioners pursuant to supply orders no. DM/A/20-21/318 dated 31.03.2021 and DM/A/20-21/319 dated 31.03.2021. Both the supply orders which are said to have been placed upon the petitioners must have been served by the petitioners at their respective end wayback in 2021 itself. 4. With what stretch of imagination, the petitioners reckon that the items supplied in 2021 by them to J & K Small Scale Industries Development Corporation Limited (SICOP) are intended to be covered by impugned NIT No. 01/2025-26/RnB/Kul/e-tendering/21- 31 dated 03.04.2025 has not been spelled out by the petitioners in the writ petition and even if the items so supplied by the petitioners pursuant to the supply orders are being repeated in the impugned NIT, it is none of the concern of the petitioners to come and impugn the NIT as it is for the concerned Department of the Government, which in the present case is R & B Division Kulgam, to see as to whether the NIT is actually meant for repeat of supply of the materials which came to be procured from the petitioners. 5. 5. The underlying intent of the writ petitioners seems to be to procure the held-up payments of the petitioners with respect to the supplies so made by them and that is the reason that number 2 relief in the writ petition being claimed by the petitioners is for the purported release of due payments in their favour in terms of the supply order/s dated 31.03.2021. 6. Thus, the writ petition actually has a different intent than what it has come forward projecting and therefore the writ petition is misconceived perhaps even premature more particularly when the petitioners before coming to approach this court with the present writ petition did not deem it proper to sound the Executive Engineer Division Kulgam, the authority issuing NIT dated 03.04.2025 calling upon him to revisit the NIT No. 01/2025-26/RnB/Kul/e-tendering/21- 31 dated 03.04.2025. 7. Therefore, this court reckons that at this stage the institution of the writ petition is premature and therefore allows it to be withdrawn by the petitioners with liberty to approach the court afresh in case if the petitioners would first exhaust the remedy of approaching the Executive Engineer Kulgam with the purported grievance for redressal which has been set up in the present writ petition and thereafter have the cause of action to come again with the writ petition. 8. Dismissed as withdrawn with liberty granted. (RAHUL BHARTI) JUDGE SRINAGAR 15.04.2025. Hilal Ahmad