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2021 Supreme(J&K) 400

ALI MOHAMMAD MAGREY
Rural Contractors Welfare Association – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mohammad Ashraf Wani, Advocate
For the Respondent: Mr. M.A. Chashoo, AAG

JUDGMENT :

Ali Mohammad Magrey, J.-By medium of the instant Petition, the Petitioners have challenged the NIT No. 59 of R&B/4727-37 of 2021-22 dated 28th of July, 2021 and NIT No. 60 of R&B/4899-4908 of 2021-22 dated 29th of July, 2021. A direction is also sought in the name of the Respondents to allow all the Contractors to participate in the bidding process for the works which have been put to tender in terms of the aforesaid tender notices.

2. Learned Counsel for the Petitioners submitted that the Respondents, by incorporating the condition in the impugned NITs to the effect that all the Contractors shall upload card verification certificate, has deprived most of the Contractors in participating in the process, thereby resulting in reduction of competition. It is further submitted that the aforesaid condition has seriously prejudiced the rights and interests of the Petitioners and that the same has been done only with a view to give benefit to some blue-eyed Contractors.

3. Heard the learned counsel for the parties, perused the pleadings on record and considered the matter.

4. At the very outset, what requires to be stated is that as per settled legal position, the tender issuin

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