Citation : 2026 Latest Caselaw 449 J&K
Judgement Date : 6 February, 2026
Serial No. 172
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 209/2026
CM No. 490/2026
M/S Mohan Lal Gupta & Sons .....Appellant(s)/Petitioner(s)
Through: Mr. Dheeraj Sharma, Advocate
vs
Union of India & Ors. ..... Respondent(s)
Through: Mr. Vishal Sharma, DSGI
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(06.02.2026)
01. The petitioner, through the medium of this petition, seeks
quashment of Removal Order No. 42590/S-80/130/E8
dated 09.01.2026, which has been issued on a factually
non-est ground of alleged default and concealment,
despite full realization of compensation by the
respondents and also digital disclosure made by the
petitioner on the CCE Portal and the Technical Bid
Rejection Order as reflected in Selection Summary File
No. 87969-C/E8 for Tender ID: 2025-MES-726213-2,
and prays for quashment of any consequential technical
rejection in Tender ID: 2025-MES-734768-1, based on
the alleged illegal removal of the petitioner firm.
02. Learned counsel for the petitioner has argued that the
aforesaid action sought to be taken by the respondents
for removal of the petitioner-firm, on the basis of
communication dated 11.03.2025, being not applicable to
the case of the petitioner, as the same pertains to a
period much later than the date of cancellation of the
petitioner's contract.
03. Heard.
04. Notice.
05. Notice is waived by Mr. Vishal Sharma, DSGI, on behalf
of the respondents. Objections, if any, be filed by the next
date of hearing.
06. List on 06.04.2026.
07. Meanwhile, subject to objections till the next date of
hearing before the Bench, the impugned communication
dated 09.01.2026 shall remain stayed. The respondents
shall also consider the petitioner's case relating to the
Technical and financial bids with respect to Tender ID:
2025-MES-726213-2 and Tender ID: 2025-MES-734768-
1. The respondents are further directed to consider the
claim of the petitioner for grant of "Provisional
Enlistment" to enable its participation all the tendering
processes and the execution of ongoing works.
(M A CHOWDHARY) JUDGE
Jammu 06.02.2026 Amit
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