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2025 DAILYLAW 8508 (JK)

M/S DESIGN AND PLANNING FORUM v. UNION TERRITORY OF J AND K AND ORS. (PUBLIC WORKS / ROADS AND BUILDINGS)

WP(C)/1834/2025 · 2025-08-04

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 03 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1834/2025 CM(4822/2025) M/S Design And Planning Forum. …Petitioner(s) Through: Mr. Gulzar Ahmad Bhat (Sopori), Advocate. Vs. Union Territory of J&K and Others. ...Respondent(s) Through: Ms. Raheela Khan, Assisting Counsel vice Mr. A. R. Malik, Sr. AAG. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 04.08.2025 01. Issuance of letter of No. Sgr/Core/2381-83 dated 22nd July, 2025 by the respondent No. 4-Executive Engineer PWD (R&B) Division (Core) Safakadal, Srinagar to the respondent No. 3-Superintending Engineer, R&B Circle Srinagar North, thereby recommending debarment of the petitioner for participation in consultancy works of the Public Works (Roads and Buildings) Division Srinagar (Core) for alleged acts of omission or commission on the part of the petitioner as a consultant for the construction of Administrative cum Auditorium Block at Islamia College, Srinagar is the purported cause of action for the petitioner to come up with the present writ petition. 02. The petitioner is challenging the issuance of said communication which at the best is nothing but an intra communication which may or may not earn acceptance from the end of the respondent No. 3- Superintending Engineer, R&B Circle Srinagar North, or may even earn a further reference to the respondent No. 2-Chief Engineer PWD (R&B) Central, but nevertheless, the petitioner having been forwarded a copy of this communication by the respondent No. 4- Executive Engineer PWD (R&B) Division (Core) Safakadal, Srinagar, has rushed to this Court to assail the communication. 03. This Court is of the opinion that as on date no prejudicial effect has come to take place vis-à-vis the consultancy engagement of the petitioner and, therefore, at the best the petitioner can be held entitled to a right of hearing before recommendation as mooted by the Executive Engineer PWD (R&B) Division (Core) Safakadal, Srinagar in his communication No. Sgr/Core/2381-83 dated 22nd July, 2025 takes place be at the end of respondent No. 3 or for that matter, the respondent No. 2. 04. This writ petition thus, is disposed of by reminding the respondent No. 3-Superintending Engineer, R&B Circle Srinagar North that before taking any call prejudicially effecting the consultancy engagement of the petitioner for the project in reference, the petitioner be afforded an opportunity of hearing and explaining its side of case against the proposed debarment. 05. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 04.08.2025 “HAMID”