Zafar Ahmed Vs Ut of J and K Th Commissioner Secretary to Govt Public Work Department and Others

Sr. No. 39

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP (C) No. 3102/2025 Pronounced on : 08.11.2025 Uploaded on : Zafar Ahmed, age 48 years S/o Mohd. Shafi, R/o Village Kalai, District Poonch, Union Territory of Jammu & Kashmir (Registered Contractor, Class ‘A’, PWD Department)

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.....Applicant(s)/Petitioner(s)

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Through :- Mr. M.I. Sherkhan, Advocate

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v/s

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UT of Jammu and Kashmir .....Respondent(s) Through Commissioner/Secretary to Govt. Public Works (R&B) Department Civil Secretariat, Jammu/Srinagar

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Chief Engineer, Roads & Buildings Department, Jammu.

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Superintending Engineer, PWD (R&B) Circle, Poonch.

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Executive Engineer, R&B Division, Poonch.

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Through :- Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG

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CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

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ORDER(ORAL)

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By this petition, the petitioner herein is seeking termination/cancellation of the government contract on account of gross disparity between the allotted rates and the approved Schedule of Rates (SoR) in vogue, thereby resulting in financial loss to the contractor.

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The petitioner is a registered Class ‘A’ contractor duly enlisted with the Public Works (R&B) Department of the Government of Jammu and

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Kashmir and has executed several public works to the satisfaction of the department. the petitioner that the petitioner being technically qualified in the e-NIT No. 1 of 2023-24 dated 27.10.2023, was declared as the lowest bidder (L-1) and was consequently awarded the work vide Allotment/Work Order No. SE/DB/32-34 dated 19.01.2024, however, it was noticed that the rates approved in the contract are substantially below the prevailing Schedule of Rates (SoR), in vogue as notified by the PWD Department for the financial year 2023-24.

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The petitioner herein is seeking a direction upon respondents to terminate the contract allotted vide work order dated 19.01.2024 under e-NIT No. 1 of 2023-24 dated 27.10.2023, for the “Construction of link road from Pamrote Nadyali Km 6^th near house of Mohd. Rashid to Baba Mirzian Upper Gunthal, length 2 km. with a further direction to respondents to either revise the rates in accordance with the Schedule of Rates (SoR) 2023-24, currently in force, and provide the rates of 2022 on the analogy of others or initiate fresh tendering at the current SoR rates. The petitioner has also challenged the rates provided in the contract list of 2020, in the contract dated 19.01.2024.

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At this stage, learned counsel for the petitioner states that the petitioner would feel satisfied if this writ petition is disposed of by treating the instant petition as representation and to direct respondents to consider the same by passing a speaking order thereof within a reasonable period of time.

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Be that as it may, this petition is disposed of at the threshold by directing the respondents to treat the instant petition filed by the petitioner as

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representation and to consider/decide the same by passing a speaking order within a period of four weeks from the date a copy of this order thereof, alongwith complete set of writ petition is provided by the petitioner to the respondents against proper receipt.

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Disposed of .

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(Moksha Khajuria Kazmi) Judge

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JAMMU 08.11.2025 Manik

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Zafar Ahmed v. Ut of J and K Th Commissioner Secretary to Govt Public Work Department and Others

Case brief

What is this about?

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Zafar Ahmed v. Ut of J and K Th Commissioner Secretary to Govt Public Work Department and Others

Case brief

What is this about?

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What the court decided

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