ME AND MOM Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) By this petition, the petitioner has assailed the validity of communication bearing No. DDCB/4605 dated 24th of October, 2019 issued by the respondent No.2 as well as communication No. GBH/BLA/2019/287-2 dated 25th of October, 2019 issued by the respondent No.4, whereby and whereunder, the petitioner has been directed to stop the various supplies as were being provided by him to the Gujjar and Bakerwal Boys Hotel, Baramulla.

(2.) Mr Allauddin Ganai, the learned counsel for the petitioner, submits that by Re-Tender notice bearing NIT No. 02/GBH/BLA of 2018 dated 24th of July, 2018, the respondents initiated a process for supply of various Dietary items for use in Gujjar and Bakerwal Boys Hostel, Baramulla, for the year 2018-19, in which process, the petitioner, as per the learned counsel, emerged as the lowest bidder, whereafter, the supply order for the requisite items was issued in favour of the petitioner for a minimum period of one year commencing from September, 2018. The learned counsel further pleads that on expiry of the said period of contract, the respondents, in terms of condition No.17 of the e-tender, are obliged under law to allow the petitioner to make supplies to the hostel in question strictly in accordance with the supply order(s) until such time the fresh tender is floated and, finally, allotted to the lowest bidder, however, instead of complying with the said condition prescribed in the tender notice, the respondents have directed the petitioner to stop the supplies as were being provided by him to the hostel without issuing any fresh tender notice only with a view to procure the same from some blue-eyed person.

(3.) Mr Feroz Ahmad Sheikh, the learned Deputy Advocate General, appearing on behalf of the respondents, submits that the Warden, Gujjar and Bakerwal Boys Hostel, Baramulla, has directed the petitioner to stop the supplies to the hostel on the instruction of the District Development Commissioner, Baramulla who is the Chairman of the District Level Purchase Committee.