Contractors Welfare Association Hamirpur Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Contractors Welfare Association Hamirpur Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to file afresh on behalf of the members of the Association who would be eligible; pending miscellaneous application(s), if any, stand disposed of.

Issue for consideration

Whether the petitioner Association, as opposed to its individual members, could maintain the challenge to the impugned tender conditions, the cause of action arising to each member separately where the member has bidding capacity and work in hand.

Court's answer

The cause of action would arise to each and every member of the petitioner Association separately, provided that the member has bidding capacity and the work in hand, and only thereafter would the member be in a position to challenge the conditions; accordingly, withdrawal with liberty to file afresh on behalf of eligible members was permitted.

Detailed headnote1 paragraphs

Division Bench of the High Court of Himachal Pradesh (G.S. Sandhawalia, Chief Justice, and Bipin Chander Negi, Judge) dealt with a writ petition by Contractors Welfare Association Hamirpur, H.P. challenging instructions dated 29.10.2025 (Annexure P-3), further revised on 30.05.2026 (Annexure P-6), governing eligibility of contractors in the tender process. The Court opined that the cause of action would arise to each and every member of the Association separately, provided the member has bidding capacity and the work in hand, and only then could the member challenge the conditions. On the counsel's submission, the petition was dismissed as withdrawn with liberty to file afresh on behalf of the members who would be eligible. The Court noted the earlier dismissal of Civil Writ Petition No. 3685 of 2026 (Sh. Rajinder Singh and others) on 19.05.2026 with liberty to file afresh; the interim order dated 26.05.2026 in Civil Writ Petition No. 8557 of 2026 permitting participation in the tender process (appended as Annexure P-8); similar protection granted to M/s DKS Private Limited and another in CWP No. 8675 of 2026 vide order dated 04.06.2026; the list of seven members placed on record pursuant to the learned Single Judge's order dated 23.06.2026; and a rejection order in one case which the affected person would have to challenge separately. Pending miscellaneous application(s), if any, stand disposed of.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.10029 of 2026 Decided on: 14.07.2027

Contractors Welfare Association Hamirpur H.P.

......Petitioner

Versus

State of H.P. & Ors ....Respondents

Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Bipin Chander Negi, Judge

Whether approved for reporting?¹

For the Petitioner : Mr. Deepak Kaushal, Sr. Advocate with Mr. Abhishek Verma, Advocate. For the respondents : Mr. Pranay Partap Singh, Additional Advocate General for the respondents/State.

G.S. Sandhawalia, Chief Justice (Oral)

The petition has been filed by the Contractors Welfare Association Hamirpur, H.P. raising challenge to the instructions dated 29.10.2025 (Annexure P-3) which were further revised on 30.05.2026 (Annexure P-6).

In similar circumstances, we had dismissed Civil Writ Petition No. 3685 of 2026 filed by Sh. Rajinder Singh and others on 19.05.2026, on the ground that

1Whether the reporters of Local Papers may be allowed to see the judgment?

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there was nothing to show that the petitioners fulfilled the requisite conditions on account of which they stood debarred from applying, as per the clause under challenge and liberty had been given to the petitioners to file a fresh petition on the same cause of action, by giving necessary details.

It is not disputed that one of the said petitioners thereafter had filed the Civil Writ Petition No. 8557 of 2026, in which an interim order was also passed on 26.05.2026, permitting the petitioners to participate in the tender process and the said clause as such was not to be detrimental to them and they were to be considered eligible, which has also been appended as Annexure P-8 by the present petitioner.

Similar protection has also been granted to M/s DKS Private Limited and another (petitioners in CWP No. 8675 of 2026), vide order dated 04.06.2026 whereby the details of work had been given as to the bidding capacity of the said person.

In the present case also, the petitionerAssociation is having a list of seven members which has been placed on record in pursuance of the order passed by the learned Single Judge on 23.06.2026.

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In our considered opinion, the cause of action would arise to each and every member separately, provided that they have bidding capacity and also the issue of the work in hand and thereafter would be in a position to challenge the conditions.

Faced with this situation, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to file afresh on behalf of the members of the Association, who would be eligible. Accordingly, the petition is dismissed as withdrawn with liberty, as prayed for.

It is also pointed out that an order has also been passed rejecting the application in one case. In such circumstances, the said person will have to further challenge the said order.

Pending miscellan eous application(s), if any, shall also stand disposed of.

( G.S. Sandhawalia ) Chief Justice

July 14, 2026 (Bipin Chander Negi) (veena) Judge