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2026 DAILYLAW 3721 (JK)

M/S A N BUILDERS TH. FAISAL SYEED v. UT OF J AND K TH. COMMISSIONER SECRETARY, PUBLIC WORKS DEPARTMENT AND OTHERS

WP(C)/3185/2026 · 2026-10-05

Shahzad Azeem

Writ Petition (Civil)body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 3185/2026 M/s A.N. Builders Through its proprietor Faisal Syeed, Age 48 years S/o Mohamd Syed R/o Lane No. 1, Gulshanabad Fazibal K.P. Road, Anantnag, J&K Date of pronouncement: 05.10.2026 Date of uploading: 05.10.2026 …..Petitioner(s) Through: Mr. M. Nadeem Bhat, Advocate Vs 1. UT of J&K through Commissioner/Secretary to Government Public Works Department, Civil Secretariat, Jammu. 2. Chief Engineer, PMGSY/JKRRDA, Jammu. 3. Superintending Engineer, PMGSY Circle Reasi-Udhampur, Reasi. 4. Executive Engineer, PMGSY Division Mahore, District Reasi. 5. Assistant Executive Engineer, PMGSY Sub- Division Arnas, District Reasi. .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER (ORAL) 05.10.2026 1. The petitioner has called in question the show cause notice dated 07.08.2026 issued by respondent No. 4 (Executive Engineer, PMGSY Division Mahore, District Reasi) and further seeks a direction to the respondents to abide by the terms and conditions of the contract and to hand over the work site to the petitioner as per the contract. Sr. No. 144 2 WP(C) No. 3185/2026 2. The precise grievance of the petitioner is that he has been allotted the work of construction and maintenance of road from L043 Pansa to Prankote/Parankot, Package No. JK14-635, Regular PMGSY (Batch-I, 2018-19), Stage-II, Block Arnas, District Reasi, length 20.600 Kms. The petitioner claims that the length of the said road is 20.600 kms, which was to be completed within the stipulated time as per the agreement entered between the petitioner and the respondent-department. 3. The precise submission of the petitioner is that despite having observed all the codal formalities and having executed the work as per the contract, he came across the impugned show cause notice whereby, besides to cancel of the contract, he has also been asked to show cause as to why his license be not cancelled. 4. With the above factual narration, learned counsel for the petitioner submits that though he has duly replied to the show cause notice, but till date the respondents have not considered the same and are contemplating to proceed against the petitioner. It is further submitted by learned counsel for the petitioner that he would be satisfied in case the respondents are directed to consider the representation/reply filed by the petitioner, before taking the proposed action. 5. In view of the submissions made, instant petition is disposed of with a direction to the respondents to consider the representation/reply filed by the petitioner to the show cause notice and thereafter proceed into the matter strictly in accordance with the terms and conditions of the contract entered 3 WP(C) No. 3185/2026 between the parties and the law governing the subject. Let this exercise be completed within a period of two weeks from the date a copy of this order is made available to the respondents. Till then, respondents shall not give effect to the impugned show cause notice dated 07.08.2026. 6. Disposed of, accordingly. (Shahzad Azeem) Judge Jammu 05.10.2026 Mihul Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No Mihul Singh 2026.10.05 14:01