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2026 DAILYLAW 11998 (HP)

PWD ELECTRICAL CONTRACTORS WELFARE ASSOCIATION v. THE STATE OF HP AND OTHERS

CWP/9567/2026 · 2026-06-16

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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2026:HHC:22573 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 9567 of 2026 Date of decision: 16.06.2026 PWD Electrical Contractors’ Welfare Association …Petitioner Versus State of H.P. & Ors. …Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting? For the Petitioner: Mr. Sunil Mohan Goel, Senior Advocate with Mr. Varun Chauhan and Mr. Paras Dhaulta, Advocates. For the Respondents: Mr. Gobind Korla, Additional Advocate General. G. S. Sandhawalia , Chief Justice (Oral) The petitioner Association is aggrieved by the letter dated 19.05.2026 (Annexure P-18) and further communication dated 23.05.2026 (Annexure P-19), wherein the directions have been issued to float composite tenders for civil, electrical and other horticulture works having value of more than Rs.5.00 crore to all the Chief Engineers/Superintending Engineers. The second prayer in continuation is to issue a writ of mandamus directing the respondents to issue a separate tender for civil and electrical works as has been done prior to issuance of communication dated 19.05.2026. 2 2026:HHC:22573 2. While going through the paper book, it transpires that this is not the first occasion, the said issue has arisen. Apparently, from paragraph-13, it would be clear that on earlier occasion, CWP No. 3689 of 2023, titled as Himachal Electrical Contractors’ Welfare Association South Zone (Regd.) vs. State of H.P. & Anr., was also filed before this Court, which was dismissed as withdrawn on 22.04.2024 as vide communication dated 05.12.2023 (Annexure P-15), the respondent again resorted to separate tenders for civil and electrical works in supersession of earlier communication dated 27.07.2023 (Annexure P-11). The copy of the order dated 22.4.2024 passed in the aforesaid writ petition has also been appended as Annexure P-17, whereby the writ petition was dismissed as withdrawn. 3. We find that the petitioner has already represented on 26.05.2026 (Annexure P-20) to the competent authority for continuing the existing system of separate tender for civil and electrical works. Counsel for the State submits that the same is pending consideration. 4. In such circumstances, keeping in view the background of the case, it would be appropriate if the competent authority takes a call on the said representation within a fixed time frame, as that may resolve the issue, in case the representation is acted upon positively. 3 2026:HHC:22573 5. Accordingly, the present petition is disposed of with a direction to the competent authority to decide the representation dated 26.05.2026 within a period of ten days from today. 6. Needless to say that, if any, adverse order is passed, it is open to the petitioner to file fresh petition challenging the said decision, as we are not deciding the case on merits. Pending applications, if any, shall also stand disposed of. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) 16th June, 2026 Judge (sanjeev)