BABA CHEMICALS Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Petitioner is sole proprietor of a micro, small and medium enterprise (MSME), registered, as such, with District Industries Centre, Baramulla, in the name of M/s Baba Chemicals. Unit of petitioner is located at Salamabad, Dachna, Boniyar, Uri. Petitioner's unit has been registered for exploration of minerals, viz. mining of gypsum, vide Certificate of Permanent Registration bearing no.DIC-B/1799 dated 27th September 2013.

(2.) Respondent no.2 (J&K Minerals Limited, Srinagar) vide its NIT no.BC:27(3)/2018-101-10 dated 3rd July 2018, invited bids for extraction/exploration of gypsum in Subblocks (B) & (C) at Parlanka Sector of Ramban, with targeted production/ sale of 1.0 million tonnes per annum. Apparently, petitioner was not qualified as per terms and conditions of NIT and therefore, could not participate in bidding process as is claimed by petitioner. After tender of respondent no.3 was accepted and it was allotted the work, petitioner approached respondents with his grievance. It was only when respondents 1&2 failed to redress his grievance that he was left with no option but to approach this Court by way of instant petition.

(3.) Petitioner has called in question both tender document (Annexure C with writ petition) and Government Order no.111-IND of 2016 dated 20th May 2016 (Annexure B with petition), whereby lease was granted by respondent no.1 in favour of respondent no.2. Apart from challenging aforesaid government order and tender document, petitioner also seeks a direction to grant fresh mining lease by strictly complying with provisions of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "Act of 1957") and Rules framed thereunder. He is also seeking a direction to respondents to issue fresh NIT for extraction/purchase of gypsum at Parlanka, Ramban, so that he too participates in the same. This, in nutshell, is the relief claimed by petitioner in this petition.