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Jammu & Kashmir High Court

M/S Jalbir Singh Construction Company vs Jammu Municipal Corporation on 5 December, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                    Supplementary List II
                                                      Serial No.149


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
Case:- WP(C) No.3448/2025

M/s Jalbir Singh Construction Company
                                                ..... Petitioner(s)

              Through:    Mr. Amit Gupta, Sr. Advocate with
                          Mr. Sumit Moza, Advocate

            Vs

Jammu Municipal Corporation
Commissioner & Ors.
                                                  .....Respondent(s)

              Through: Mr. Anchit Sharma, Advocate

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                             ORDER

(05.12.2025)

1. The petitioner comes up with following state of facts drawing wherefrom is the cause of action for the institution of the present writ petition in terms whereof the petitioner is seeking setting aside of course of action read with consequent decisions at and from the end of Jammu Municipal Corporation (JMC) and its officials which has left the petitioner not only ousted as from being the L-1 tendered work but also recommended for debarring the petitioner for a period of one year along with forfeiture of EMD with respect to future tenders of JMC without even formal allotment of work and execution of agreement having taken place.

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2. Vide e-NIT No.23(P) of 2025-26 dated 06.09.2025 floated by the Jammu Municipal Corporation (JMC) through its Projects Division, the Executive Engineer, invited online tenders on "Percentage basis" from the registered class of contractors/firms for the work of "Construction of ramp based multi-level car parking facility at Mubarak Mandi, Jammu (Phase-I)" to be tender at an estimated cost of Rs.873.67 lacs. The bidding competition was reserved for participation of class 'A/Super Class' contractors only.

3. The period of completion of project is envisaged to be 500 days.

4. The e-tender notice read with standard bidding document above referred being an exhaustive document came to be responded to by the petitioner, reckoning itself to be meeting all the eligibility conditions and criteria.

5. The petitioner is a duly registered partnership firm.

6. The petitioner's bid came to be evaluated at the technical evaluation stage resulting in an e-mail communication dated 13.10.2025 from JMC's end stating that the bid stands rejected by the duly constituted committee carrying out the technical evaluation and, thus, the petitioner was invited to state its position with respect to its technical disqualification.

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7. The petitioner's firm came forward with its communication No.2025-26/JMC/79 dated 13.10.2025 addressed to the Executive Engineer, Projects Division, Jammu Municipal Corporation (JMC), stating therein that the technical disqualification is arbitrary and unfair whereas the petitioner is meeting SBD conditions in entirety, particularly with respect to the requirement of completion of similar works during the last 5 years.

8. The response submitted by the petitioner led to revision of the decision at the end of the Technical Evaluation Committee which by virtue of an e-Mail dated 14.10.2025 sent at 04.08 p.m., apprised the petitioner that its tender bid has been accepted and, thus, poised for evaluation in financial bids opening on 15.10.2025 at 12.35 p.m.

9. Eight bidders were in the race in terms of their technical qualification and the evaluation of financial bids led to holding of the petitioner's bid being L1 at Rs.5,78,28,273.

10. The petitioner came to be confronted by communication No.JMC/PD/25-26/Tech/1213-15 dated 27.10.2025 from the end of the Executive Engineer, Projects Division, Jammu Municipal Corporation (JMC), stating therein that the experience credentials and supporting documents submitted along with the bid of the petitioner appear to be misleading and not genuine as per preliminary scrutiny and verification and, thus, solicited the petitioner to WP(C) No.3448/2025 4 submit detailed explanation within 2 days by clearly stating therein as to why action be not initiated by it for submission of false information and also for forfeiture of CDR/EMD, cancellation of bid, blacklisting and debarment from future tenders.

11. The petitioner came up with the long drawn response dated 29.10.2025 to the Executive Engineer, Projects Division, JMC, affirming therein that all the documents submitted along with bid are genuine and that the genuineness can be verified from the concerned issuance authorities, which in the present case was referred to the Executive Engineer, PWD (R&B), Division Akhnoor.

12. The petitioner came to allege that the intended mindset operating in issuance of communication dated 27.10.2025 was at the instance of bidder M/s Mehrajudin Dar, whose financial bid came to lose against the financial bid of the petitioner.

13. It is in the aforesaid facts and circumstances, it is argued that the petitioner has come to be slapped with final mala fide from the end of Jammu Municipal Corporation (JMC) in terms of issuance of communication No.JMC/PD/25- 26/Tech/1441-44 dated 26.11.2025.

14. Mr. Amit Gupta, Sr. Advocate for the petitioner submits that the mala fide on the part of JMC is exhibited from WP(C) No.3448/2025 5 the fact that on the one hand they were bent upon to favour the respondent No.5 in the matter of allotment of the contract and for that somehow knock down the petitioner even by compromising that the clause 27 of the SBD which provided that in the event of L1 backing out then the work is to be re-tendered.

15. Prima facie case made out.

16. Issue notice to the respondents.

17. Mr. Anchit Sharma, Advocate enters appearance on his own accepts notice on behalf of respondents No.1 to 3.

18. Notice to go only to respondents No.4 & 5.

19. Petitioner to furnish registered postal covers for the service of the respondents.

20. Notice in CMP also.

21. In the meantime, operation of impugned order No.JMC/PD/2025-26/Tech/1441-44 dated 26.11.2025 shall remain stayed by not proceeding adversely against the petitioner. Respondents No.1 to 3 are restrained from formalizing any contract with the respondent No.5 and status quo thus to be maintained, obtaining as on date. This interim direction is subject to recall, alteration/variation upon filing of objections/motion by the respondents.

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22. List on 30.12.2025.

(RAHUL BHARTI) JUDGE JAMMU 05.12.2025 Sneha