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2025 DAILYLAW 8956 (JK)

M/S GHULAM AHMAD WANI MES CONTRACTORS AND ORDER SUPPLIERS TH.ITS MANAGING PARTNER v. UNION OF INDIA ( DEFENCE) TH.DEFENCE SECRETARY AND ORS

WP(C)/2212/2025 · 2025-09-09

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

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Serial No. 66 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2212/2025 CM(5845/2025) M/S Ghulam Ahmad Wani MES Contractors And Order Suppliers Th. Its Managing Partner. …Petitioner(s) Through: Mr. Arfat Rashid Lone, Advocate Vs. Union of India & Ors. ...Respondent(s) Through: Ms. Yasmeen Jan, Advocate vice Mr. T. M. Shamsi, DSGI. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 09.09.2025 01. This Court needs not to go into the merits of the case of the petitioner considering the fact that the petitioner came to avail the right of appeal against disqualification of its bid by laying an appeal to the Chief Engineer, Air Force Zone, Air Force Station, Udhampur, J&K i.e. respondent No. 2, which is required to be filed in terms of Clause 10 of the Tender Bid Document through email before the scheduled date of opening of Cover-II i.e. financial bids, which as per the learned counsel for the petitioner have not been opened and the petitioner was delayed in submitting of the online appeal because of disruption in the internet connectivity due to recent heavy rains in Kashmir and rest of the Union Territory as well. 02. The right of appeal as provided to the petitioner is one of the valuable rights, which may or may not salvage the right of further participation of the petitioner in the tendering process, but still if considered would give the petitioner satisfaction of knowing the basis of its disqualification, whereupon the petitioner can always invoke judicial review jurisdiction under Article 226 of the Constitution of India. 03. In view of the above, this writ petition is disposed of with a direction to the Chief Engineer, Air Force Zone, Air Force Station, Udhampur, J&K i.e. respondent No. 2 to consider the pending appeal, if any, of the petitioner within a period of one week from the date of receipt of copy of this order, which is provided to Ms. Yasmeen Jan, learned counsel appearing vice Mr. T. M. Shamsi, learned Deputy Solicitor General of India under the seal and signature of Bench Secretary. 04. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 09.09.2025 “HAMID”