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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Potential Engeering – Appellant
Versus
UT OF J&K – Respondent
JUDGMENT :
1) By this common judgment, the above numbered two writ petitions filed by the petitioner are proposed to be disposed of. Vide WP(C) No.1828/2024, the petitioner has challenged order bearing No.SE/LCMA/298-307 dated 29.07.2024, whereby the contract awarded to the petitioner to the extent of supply of three Weed Harvesters-cum- Skimmers, has been terminated and the contract has been restricted to deployment of five machines only. Vide WP(C) No.2050/2024, the petitioner has challenged letter of intent bearing No.SE/LCMA/360-65 dated 09.08.2024 issued by respondent No.3 in favour of respondent No.6 for hiring three number of Weed Harvesters-cum-Skimmers.
2) The facts giving rise to filing of present writ petitions by the petitioner herein are that an NIT bearing No.MD/LCMA/TS/2024-25/01/e-tendering dated 03.05.2023, was issued by respondent No.5 for hiring of Weed Harvesters-cum-Skimmers (hereinafter referred to as “the machines”) including operation and maintenance for Dal Nigeen Lake with estimated cost of Rs.704.00 lacs. The last date of biding was mentioned as 24.05.2024 and the time for opening of the technical bids was fixed as 25.05.2025. As per the terms and condition
Writ jurisdiction under Article 226 is not applicable in contractual disputes where an arbitration clause exists, and the contract is determinable in nature.
The court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
Writ jurisdiction can address arbitrary state actions in contractual disputes, emphasizing the importance of procedural fairness and adherence to contractual terms, especially regarding extensions an....
Judicial review is permissible in contractual disputes involving public law elements, but the existence of an arbitration clause limits the scope of such review.
Writ petitions in contractual disputes are generally not maintainable if they involve disputed questions of fact.
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
Termination of a contract without issuing a show-cause notice violates the principles of natural justice. Force majeure claims must be decided before taking any action based on non-compliance with th....
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