Airport Authority Of India & Ors vs Bilal Ahmad Ganai & Anr
2025 Latest Caselaw 1827 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Airport Authority Of India & Ors vs Bilal Ahmad Ganai & Anr on 17 October, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                            Sr. No. 39
                                                            Suppl. Cause List. 1

 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
                             LPA No. 254/2025
                             CM No. 6893/2025
                            Caveat No. 2519/2025

Airport Authority of India & Ors.                    ...Petitioner(s)/Appellant(s)

Through:    Mr. Viqas Malik, Adv.

                                         Vs.
Bilal Ahmad Ganai & Anr.                                         ...Respondent(s)

Through:    Mr. S. F. Qadiri, Sr. Adv. with Mr. Numan Zargar, Adv.
CORAM:
     HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
     HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
                     ORDER

17.10.2025

With the appearance of caveator, caveat stands discharged. LPA No. 254/2025; CM No. 6893/2025 The appellants-Airport Authority of India has come up in Letters Patent Appeal against the order dated 29th September 2025 passed by the learned Single Judge in WP (C) No. 2389/2025 in case titled Bilal Ahmad Ganai vs. Chairman Airport Authority of India & Ors. whereby as an interim measure, the appellants herein have been restrained to finalize the tender process with exceptional liberty to award the contract in favour of the lowest bidder with further discretion to negotiate with the said lowest bidder, for facilitating the requisite conformity.

The appellants have thrown challenge to the impugned order mainly on the ground that by enabling one bidder to improve its bargain at the expense of others, the interim order inherently discriminates among bidders without a rational basis. The public procurement rules and prior case-law consistently forbid such unequal treatment.

Learned counsel for the appellants submits that the intervention of learned Writ Court by permitting negotiation while imposing a restraint, contravenes the principle that courts should not treat writ proceedings as appellate forum over administrative decisions in tender matters.

On going through the paper book and having heard learned counsel appearing for the parties, admittedly, as on date, the appellant-Airport Authority of India neither rejected nor disqualified any of the successful bidders including respondents herein, therefore, the Writ Court exercises limited judicial review in such matters and do not substitute its judgment for that of the administrative authority unless there is a clear case of illegality, mala fide, bias or gross arbitration. Being L-1 does not confer an absolute or indefeasible right to the contract, the authority retains discretion to cancel the tender or award it to any bidder for valid reason, like bid discrepancies, insufficient build capacity or public interest. Therefore, prima facie, it appears that the respondents herein have approached the Writ Court on mere apprehension.

Notice. Notice in CM as well.

Mr. S. F. Qadiri, learned senior counsel assisted with Mr. Numan Zargar, accepts notice on behalf of respondent No. 1. Response within four weeks.

Notice shall, now, go to respondent no. 2 only, returnable within four weeks. Requisites for service within one week.

List on 24th November 2025.

In the meanwhile, operation of impugned interim order dated 29 th September 2025 passed in WP (C) No. 2389/2025 shall remain stayed.

Scanned copy of the writ record be annexed.

                                       (SHAHZAD AZEEM)                (SINDHU SHARMA)
                                                JUDGE                           JUDGE
              SRINAGAR:
              17.10.2025
              Altaf