Jammu & Kashmir High Court - Srinagar Bench
Fayaz Ahmad Rather vs State And Ors on 12 December, 2013
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR IA No. 2932 of 2013 Fayaz Ahmad Rather Petitioner State and ors Respondents
!Mr. Jehangir Iqbal, Advocate ^Mr. Mir Suhail, Advocate Honble Mr. Justice Ali Mohammad Magrey, Judge Date:12/12/2013 : J U D G M E N T :
In the instant application applicant-respondent no.6 seeks vacation of order dated 04.12.2013 passed in CMP No. 2880/2013 (OWP no. 1762/2013), on the grounds mentioned in the CMP.
Notice to Mr. Mir Suhail learned counsel for non-applicant-petitioner was issued on 9.12.2013 for objections/appearance. Learned counsel for non-applicant-petitioner appeared and submitted that he shall be allowed to advance arguments in opposition of application with reference to the pleadings in his writ petition. Prayer allowed.
Learned counsel for petitioner-non-applicant has invited the attention of court to tender notice issued for and on behalf of Governor of J&K State for award of Royalty Collection Contract w.e.f 01.04.2012 to 31.03.2013 (for the financial year 2012-13) of Minor Minerals i.e Bajri, Sand, Pebbles, Boulders and Nallah Muk only in respect of Government lands in Kashmir province in the areas/tehsils/blocks of (Nallah Sindh from Malpora to Woyal bridge including Narayan Bagh) district Ganderbal and Royal Collection Contract in respect of stone quarry belt (Safapora) district Ganderbal. Learned counsel submits that contract stands extended for a period of four months and learned counsel submits that respondent no.6 has not competed such tender process instead allotted contract for extraneous considerations. Learned counsel has submitted that petitioner has already filed civil suit titled Fayaz Ahmad Rather v. State and others challenging the award of contract which is pending before the Court of Additional District Judge, Srinagar. The Civil Court has directed the official respondents to invite respondent no.4 on the table and negotiate with him to bear 50% of the expenses of the contracting amount so that the respondent no.4 and plaintiff carry out the remaining part of the work.
Learned counsel for the petitioner further submitted that despite directions from Civil Court respondent no.4 issued extension of period of Royalty Collector Contract 2012-13 vide no. 1555/MCC/DGM/Ext/13/3484-90 dated 28.11.2013 and another order No. 1556/MCC/DGM/EXT/13/3491-97 dated 28.11.2013 in favour of respondent no.6 for further four months.
Learned counsel for the petitioner-non-applicant submits that in case the order passed by this court on 04.12.2013 is not made absolute he shall suffer an irreparable loss.
Mr. Jehangir Iqbal learned counsel for the applicant-respondent no.6 submits that in terms of extension orders, the applicant has deposited an amount of Rs. 27,50,300/- as Royalty and Rs.55,010/- as income tax for the work contract Nallah Sindhn from Malpora to Woyal Bridge and has also deposited an amount of Rs.7,37,700 as royalty and amount of Rs.14,760/- as income for the work of Stone Quarry Belt Safapora.
Learned counsel further submits that in case the order dated 04.12.2013 is not vacated, the applicant-respondent no.6 shall suffer an irreparable loss which cannot be compensated by the official respondents. He shall be deprived of execution of work on account of the aforesaid interim order.
Heard learned counsel for the parties. Considered the matter.
This Court on examination of the averments made in the writ petition supported by documents as also with reference to the contentions/averments made in the application by respondent no.6 is of the considered opinion that petitioner has not to suffer an irreparable loss, and for implementation of order passed by the Civil Court he has a remedy for seeking execution of the said order, however, there can be no dispute regarding loss to be suffered by applicant-respondent no.6 in case he is not allowed to execute the aforesaid work.
In the given circumstances, the instant application is allowed. Order dated 04.12.2013 shall stand vacated and applicant-respondent no.6 is allowed to execute the work in terms of aforesaid orders no. 1555/MCC/DGM/Ext/13/3484-90 dated 28.11.2013 and 1556/MCC/DGM/EXT/13/3491-97 dated 28.11.2013. The official respondents shall not extend the period of contract beyond the one mentioned in the aforesaid orders and shall ensure the allotment of the contract by initiating fresh process after inviting fresh tenders.
CMP is disposed of.
(Ali Mohammad Magrey) Judge Srinagar 12.12.13 ayaz