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2026 DAILYLAW 583 (JK)

M/S JYOTI PARKASH TILAK RAJ GUPTA TH ANIL KUMAR GUPTA v. UNION OF INDIA TH ENGINEER IN CHIEF, MILITARY ENGINEERING SERVICES, NEW DELHI AND ANOTHER

WP(C)/186/2026 · 2026-02-03

Wasim Sadiq Nargal

Writ Petition (Civil)body2026

Judgment text

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Sr. No. 128 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 186/2026 M/S Jyoti Parkash Tilak Raj Gupta …. Petitioner/Appellant(s) Through:- Mr. Dheeraj Sharma, Advocate V/s Union of India and another …..Respondent(s) Through:- CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.02.2026 1. The only submission which has been advanced by the learned counsel for the petitioner is that he has already filed a statutory appeal against his arbitrary removal from the approved enlistment list of contractors before the Chief Military Engineer Services on 20.01.2026, and therefore prays for a direction to be issued to respondent No. 2 to dispose of the said appeal expeditiously. 2. Heard learned counsel for the petitioner at length and perused the record. 3. From a bare perusal of the record, it is apparent that the said appeal has been preferred by the petitioner on 20.01.2026, and the petitioner without waiting for the outcome of the same has rushed to this Court by filing the instant petition, which is premature and the same is not maintainable. Once the petitioner has already availed an alternate and efficacious remedy by filing a statutory appeal on 20.01.2026, the instant writ petition is not maintainable. 2 WP(C) No. 186/2026 4. In view of the aforesaid backdrop, the writ petition is dismissed as not maintainable, as no alleged cause of action has accrued as on date to file the instant writ petition. However, dismissal of the instant writ petition shall not come in the way of the appellate authority to decide the appeal expeditiously and in accordance with law. (WASIM SADIQ NARGAL) JUDGE Jammu 03.02.2026 Vishal Khajuria