M/S ASHWANI KUMAR AND CO. TH RAVINDER KUMAR v. UNION OF INDIA TH SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS
WP(C)/169/2026 · 2026-02-02
Ma Chowdhary
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 592 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 592 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 169/2026
Date of Order: 02.02.2026 Uploaded on: 03.02.2026
M/S Ashwani Kumar & Co. 227, Near Govt. High School, Chander Marg, Kotwali Bazar, Dharamshalla, Distt. Kangra (HP) -176215 through its Partner Sh. Ravinder Kumar S/O Sh. Panna Lal, R/ Village Tika Banoraru P.O Yol Cantt. Tehsil Dharmshala, District Kangra (H.P).
…..Appellant(s)/Petitioner(s)
Through: Mr. Dheeraj Sharma, Advocate.
Vs.
1. Union of India, through Secretary, Ministry of Defence, South Block, New Delhi.
2. The Engineer-in-Chief, Military Engineer Services, DTE of Contract Management, Kashmir House, Rajaji Marg, New Delhi-110011.
3. The Chief Engineer, Headquarter Northern Command, Pin-914698 C/o 56 APO.
.…. Respondent(s) Through:
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (02.02.2026)
1. Petitioner, through the medium of this petition, seeks direction for calling records of the case and after perusing the same, quash and set aside the impugned
order No.42590/C-75/195/E8 dated 10.05.2023 issued by respondent No.3; Serial No. 103
Page No.2 WP(C) No.169/2026
mandamus commanding the respondents to strictly implement and adhere to the policy directives dated 31.01.2024, 15.04.2024 and 11.03.2025 and accordingly certify the case of the petitioner as “fit case” for renewal of enlistment for the cyclic period 2021-25; further mandamus commanding the respondents to grant immediate “Provisional Enlistment” enabling him to participate in all ongoing and future tender works in light of the departmental directive dated 11.03.2025 and during the pendency of the formal regularization process.
2.
Learned counsel for the petitioner submits that during Covid period, the petitioner-firm was removed on 10.05.2023 from the list of approved contractors; and that the petitioner filed an appeal as provided under the regulations which is still pending with respondent No.2; and that the petitioner’s appeal has not been decided despite reminders and filing of representations in this behalf as well.
3.
Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case, this petition is, disposed of, at this stage, with a direction to respondent No.2, to decide his appeal in a time bound manner. His statement is taken on record.
4. In view of the facts and circumstances of the case and submissions made by
learned counsel for the petitioner at Bar, this petition is, disposed of, at its threshold on motion stage, with a direction to respondent No.2 to decide the appeal stated to have been filed by the petitioner as well as representations made in this behalf for its removal from enlistment in terms of Policy Directives dated 31.01.2024, 15.04.2024 and 11.03.2025, preferably within a period of two months, from the date certified copy of this order is made available to him by the petitioner.
Page No.3 WP(C) No.169/2026
5. The petition stands disposed of in the above terms, along with connected application.
(M A CHOWDHARY) Jammu JUDGE
02.02.2026 Surinder
Surinder Kumar 2026.02.03 13:32 I attest to the accuracy and integrity of this document