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2023 Supreme(J&K) 142

SANJEEV KUMAR, MOHAN LAL
Manzoor Ahmed Malik, S/o Mohd. Shafi Malik – Appellant
Versus
UT of Jammu and Kashmir Through Commissioner Secretary – Respondent


Advocate Appeared:
For the Appellant :Mr. Ravi Abrol and Mr. Sachin Gupta, Advocates.
For the Respondent:Mr. Ravinder Gupta, Mr. R. K. Gupta, Mr. Khyati Sharma, Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. An order and judgment dated 16-09-2023 passed by a learned Single Judge of this Court [“the Writ Court”] in WPC No. 2397/2023 titled Manzoor Ahmad Malik v. UT of J&K and others, is the subject matter of challenge in this intra Court appeal filed under Clause 12 of the Letters Patent. The impugned order is assailed on multiple grounds, but before we advert to these grounds of challenge, we deem it appropriate to set out few material facts.

2. The respondent No.3, in terms of e-NOIT No. 68 of 2022-23 dated 19-01-2023, invited bids from A-Class contractors, inter alia for up gradation of road from Lambibari to Tarkundi Gali Zayrat via Sarpanch Mohalla and Numbardar Nisar Khan Mohalla. Seven bidders responded to the e-NIT for the aforesaid work which included respondent No.5, Fazal Rehman Dar. The technical bids of all the six bidders, except respondent No.5, were declared as “non-responsive”. The appellant, feeling aggrieved of the declaration of respondent No.5 as sole qualified bidder in the technical evaluation for the work in question and consequent issuance of letter of allotment of the work in his favour, filed WPC No. 2397/2023. In the writ petition

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