BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AND LADAKH AT JAMMU.

WP (C) No. ____/2023

CM No. ____/2023
Subject matter pertains to Distt Ramban.

Mohd Rafiq Paddar & Ors V/S U.T OF J&K & ORS
……PETITIONERS …..RESPONDENTS

IN THE MATTER OF: -

Objections on behalf of respondent No.4.
MAY IT PLEASE YOUR LORDSHIPS;

The answering respondent No.4 most respectfully submits as under: -

PRELIMINARY OBJECTIONS:-

1. That present petition is not maintainable as none of the fundamental or

statutory rights of the petitioners have been violated as such, the

present petition deserves to be dismissed.

2. That the present controversy is already covered by the judgment of this

Honble court passed in WP(C) No, 112/2021 connected with WP(C) No.

277/2021 and WP(C) No. 467/2021 titled Danish Yousaf Hajjam & Ors

V/s UT of JK and Ors decided by a single bench of this honble court on

10-09-2021 where similar issue was raised by the petitioners. Hence the

present writ petition is hit by principles of res-judicata and same is liable

to be dismissed.

3. That answering respondent No 4 participated in the tendering process

initiated by respondent No. 3 with a view to comply the mandate of Sec-

24 (2) of NFSA (National Food Security Act 2013). For ready reference

sec 24 (2) of NFSA (National Food Security Act 2013) is reproduced as

under –

Sec 24 (2- under the targeted Public Distribution System, it shall be

the duty of the state govt to-

 a. Take delivery of food grains from the designated depots of

the central Govt in the state at the prices specified in

schedule I , organize interstate allocations for delivery of

allocated food grains through their authorized agencies at

the door step of each fair price shop and

b. Ensure actual delivery or supply of the foodgrains to the

entitled persons at the prices specified in Schedule I.

In terms of the aforesaid provision a transparent system of

delivery of food grains has to be put in place as per the directions

of Govt of India issued to the U.T Govt in terms of their letter

dated 21-10-2020. Copy of letter dated 21-10-2020 is enclosed

herewith and marked as ANNEXURE-R1.

In terms of the directions of the central govt, the U.T Govt initiated the

process by issuing ENIT No. 1 dated 16-03-2022 but the contract could

not be finalized, second ENIT was issued on 30-04-2022 and again the

contract could not be finalized, finally third ENIT was issued on 08-08-

2022 where answering respondent submitted his bid fulfilling all the

eligibilities of technical qualification and financial qualification. Based on

the technical qualification of the answering respondent and his bid, was

accepted. The district level committee finding the answering respondent

eligible allotted him the contract. The eligibility criteria for filling tender is

reflected in para F of ENIT at page- 34 of the writ petition. The eligible

tenderer is required to fulfill the conditions as laid down in para-f of the

ENIT and has to upload the documents specified in para h of ENIT.

Admittedly the petitioners are not eligible as they claim to be working as

poniwallas, hence they could not file any bid in response to the said

tender being ineligible, thus no petition can be maintained as the

petitioners who are ineligible in terms of the ENIT to bid for a contract.

The answering respondent participated in the bidding process and being

 eligible was allotted the contract in terms of letter dated 17-12-2022

issued by respondent no 3. Copy of the letter dated 17-12-2022 is

enclosed herewith and marked as ANNEXURE-R2.

4. That after the said letter answering respondent executed the agreement

with respondent No. 3 in terms of the allotment order and deposited the

bid security amount to the tune of Rs 48 lakhs. After execution of the

agreement, respondent No, 3 has issued directions to all Tehsil Supply

Officer of distt Ramban in terms of letter dated 02-01-2023 that

henceforth food grains shall be issued/transported through answering

respondent no 4, copy of agreement executed on 24 th of Dec 2022 and

copy of letter dated 02-01-2023 are enclosed herewith and marked as

ANNEXURE-R3 & R4. In compliance to the aforesaid letters, the

answering respondent has started transporting the food grains to the

specified destinations to be distributed amongst the consumers.

In view of the afore stated position the petitioners have no locus standi

to maintain this writ petition and the issue stood already covered by the

judgement of this honble court as referred to above hence this petition

deserves to be dismissed with heavy costs.

5. That the petitioners have suppressed the material facts pleading as if

the allotment has been made only on the basis of single tender which

position is factually incorrect. It is submitted that in the year 2021 first

tender was issued on 12-01-2021 but same was not concluded,

thereafter in the year 2022 first tender was issued on 16-03-2022,

second tender was issued on 30-04-022 and third render was issued on

08-08-2022 which concluded in the award of the contract in favour of

respondent No 4. Since the Govt of India has issued several directions

to the U.T Govt to implement sec 24 (2) of NFSA hence in performance

of the statutory obligation under Sec 24 (2) the bidding process has

been initiated and completed. In absence of any challenge to allotment

 of answering respondent besides sec 24 of the NFSA this petition

deserves to be dismissed.

WITHOUT PREJUDICE TO FOREGOING PRELIMINARY

OBJECTIONS, PARAWISE REPLY IS SUBMITTED AS UNDER:-

1. That contents of para 1 are admitted. It is however denied that any of

the fundamental or statutory rights of the petitioners have been violated.

2. That the contents of para No. 2 are incorrect and denied, the tender

issued is perfectly legal and valid, and same cannot be challenged or

quashed.

3. That contents of para 3 are incorrect and denied, nothing has been

placed on record to substantiate this plea. With the road connectivity in

almost all the areas of Distt Ramban the transportation has been done

through transport vehicles and goods carrier. The engagement of

markabans and pooniwalas is not economically viable and thus can be

continued only where transport facility is not available. The requirement

of petitioners shall be assessed and if required they can be engaged in

the areas where transport facility is not available.

4. That contents of para 4 are incorrect and denied as the transport facility

is available hence the plea of petitioners is incorrect and denied.

5. In reply to para 5 and 6 it is submitted that the action has been taken to

comply the provisions of sec 24 of the NFSA (National Food Security

Act 2013), the averments made are incorrect and denied. No details are

mentioned in para 6 so as to verify these facts. In fact petitioners want

to stall a transparent system of transportation for their vested interest in

connivance with some local ration dealers.

6. Contents of para 7 do not pertain to answering respondent, hence

denied, it is submitted that the fresh process has been initiated when

this honble court dismissed the writ petitions on the same subject in

terms of order dated 10-09-2021, the interim order therefore cannot

 restrain the respondents from proceeding ahead in view of the final

judgement passed in three writ petitions.

7. That the contents of para 8 are incorrect and denied.

8. That contents of para 9 are incorrect and denied. It is submitted that in

view of the legal position as explained the process has been initiated by

the U.T Govt as per the policy decision of the Govt of India to implement

the provisions of NFSA 2013 which provides a transparent system of

delivery of food grains on the doorsteps through proper agency after

following valid tendering process.

9. That contents of para 10 are incorrect and denied. It is submitted that in

Distt Doda and Kishtwar, the system of transportation after initiating

tendering process stood finalized and same is executed by the

successful agency.

10. That contents of para 11 are incorrect and denied.

11. That contents of para 12 are incorrect and denied. It is submitted

that three tenders were issued in the year 2022. The third tender issued

on 08-08-2022 has been finalized The circular relied upon is not

applicable to the CAPD deptt and otherwise the process has been

followed when after 3 attempts contract was allotted in favour of

answering respondent no 4.

12. That contents of para 13 are incorrect and denied. Reply to each

ground is submitted as under.

a) That contents of ground (a) are incorrect and denied. There is no

question of discrimination with the petitioners once the Act

passed by the parliament has to be implemented in its letter and

spirit.

b) That contents of ground (b) are incorrect and denied, petitioners

still can avail the work which has not been denied to them in

accordance with law. The right under Article 19 is subject to

 reasonable restrictions and cannot be claimed in abstract.

Moreover there is no violation of right under Art 21 of the

Constitution of India in the instant case as petitioners cannot

claim allotment of Govt contract as a matter of right even though

they do not hold the qualifications and eligibility for such contract.

c) That contents of ground (c) are incorrect and denied, petitioners

cannot continue with the old system which has been replaced by

the new system which is economically viable as well.

13. That contents of para 14 are denied.

14. That contents of para 15 needs no reply.

15. That the contents of para 16 are denied.

Last para by way of prayer is denied.

IN THE PREMISES: -

It is, therefore, most respectfully prayed that keeping in view the

submissions made hereinabove and those to be urged at the time of

hearing, your Lordships may be pleased to dismiss the above titled writ

petition with cost.

An affidavit in support is enclosed herewith.

ANSWERING RESPONDENT N0.4

Place: Jammu M/S Star Transport Through
its proprietor Masood Ahmed
Dated: - THROUGH COUNSEL

H.A. SIDDQIUI
ADVOCATE
BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR
AND LADAKH AT JAMMU.

WP (C) No. _____/2023

Mohd Younas & ORS V/S U.T OF J&K & ORS
…PETITIONERS ...RESPONDENTS

IN THE MATTER OF: -

AFFIDAVIT IN SUPPORT OF REPLY.

I Masood Ahmed S/o Gulam Ahmed, Age 57 years R/o Ghat Distt
Doda,, do hereby solemnly affirm and declare that the accompanying
objections has been read over and explained to me and the contents of the
para No. ___ to ___ of the objections are true and correct as per my personal
knowledge and those of remaining paras ____ to ____ are based on legal
advice.
I solemnly swear/affirm that this affidavit is true, no part of this is false
and nothing has been concealed.
Place: - Jammu
Dated: -

DEPONENT
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU.
WP(C) No.______/2023
Mohd Younas & ORS V/s U.T. Of J & K & Ors
…Petitioners …Respondents

IN THE MATTER OF: -

OBJECTIONS ON BEHALF OF RESPONDENT NO 4
TO THE MP FOR INTERIM RELIEF.

MAY IT PLEASE YOUR LORDSHIPS;

The respondent No 4 most respectfully submit his objections as under: -

1. That answering respondent has filed detailed objections to the

maintainability of the writ petition. These objections may be treated as
part and parcel of objections to the instant MP for interim relief.
2. That petitioners have failed to make out a prime facie case in
their favour on any legal or factual count. They have not participated in
the tendering process being ineligible admittedly and they have not
questioned the process of tendering issued as back as on 08-08-2022.
A contract involving public interest at large and having great financial
bearing on the govt ex-chequer cannot be stalled on the mere asking of
the petitioners hence the present application deserves to be dismissed.
3. That answering respondent has been allotted the contract, he has
executed the agreement and has started transporting the food grains at
the specified destination thereby implementing and executing the
contract on ground. Once the contract is executed and same has been
acted upon by the contracting parties, it cannot be stalled by a stranger
like the petitioners.
4. That there is no likelihood of irreparable injury to the petitioners in
case the interim application is dismissed.
5. That averments made in the application are incorrect and denied.
Last para by way of prayer is denied.
An affidavit in support of the objections to MP is enclosed herewith
IN THE PREMISES: -
It is, therefore, most respectfully prayed that keeping in view

the submissions made hereinabove and those to be urged at the time of

 hearing, your Lordships may be pleased to dismiss the above titled MP

with cost.

ANSWERING RESPONDENT N0.4

M/S Star Transport Through
its proprietor Masood Ahmed

PLACE
DATED:
THROUGH COUNSEL
H.A. SIDDQIUI
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email:- [email protected]
BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR
AND LADAKH AT JAMMU.

WP (C) No. _____/2023

Mohd Younas & ORS V/S U.T OF J&K & ORS
…PETITIONERS ...RESPONDENTS

IN THE MATTER OF: -

AFFIDAVIT IN SUPPORT OF OBJECTIONS TO MP.

I Masood Ahmed S/o Gulam Ahmed, Age 57 years R/o Ghat Distt
Doda, do hereby solemnly affirm and declare that the accompanying
objections has been read over and explained to me and the contents of the
para No. ___ to ___ of the objections are true and correct as per my personal
knowledge and those of remaining paras ____ to ____ are based on legal
advice.
I solemnly swear/affirm that this affidavit is true, no part of this is false
and nothing has been concealed.
Place: - Jammu
Dated: -

DEPONENT