High CourtsSingle Bench(2007) 01 J&K CK 0001

Ghulam Ahmad Ganaie vs State and others

Jammu And Kashmir High Court · Decided on 6 January 2007 · Citation: (2007) 2 SriLJ 510

HON’BLE JUDGES
Nisar Ahmad Kakru, C.J
CASE NUMBER
OWP No.300 Of 2007, CMP No.531 Of 2007

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Judgment

10 paragraphs · 225 words
1.

A grouse is registered by the petitioner against the tender notices issued by the respondent 6 on the ground that he lacks the territorial

jurisdiction. The contention need not detain the Court. Assignment of the jurisdiction is the province of the State and its functionaries authorized in

this behalf. The State having not objected to the jurisdiction of the respondent 6 presumption arises in favour of availability of his jurisdiction. Apart

from that the petitioner has no locus standi to canvass that the tenders should be invited by a particular officer. Who should exercise such power

falls within the jurisdiction of the respondent 1. Situated thus, indulgence is uncalled for.

2.

Yel another snag which the petitioner cannot apparently overcome traceable to the fact that the petitioner aims at creation of a separate class for

purposes of allotment as is evident from the averment made in Para 2 of his pleadings suggesting that only a group of contractors belonging to a

particular area should be allowed to participate which I refuse to accept for the simple reason that relief so sought, if granted, fall out will be

inequality amongst the cili/ens without there being reasonable basis. Situated thus petition fails and is dismissed along with CMP. No order as to

costs. Order to be communicated to the respondents by the Registry in its entirety.