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Judgment
Ali Mohammad Magrey, J
By this petition, the petitioner has assailed the validity of communication bearing No. DDCB/4605 dated 24th of October, 2019 issued by the respondent No.2 as well as communication No. GBH/BLA/2019/287-2 dated 25th of October, 2019 issued by the respondent No.4, whereby and whereunder, the petitioner has been directed to stop the various supplies as were being provided by him to the Gujjar & Bakerwal Boys Hotel, Baramulla.
Mr Allauddin Ganai, the learned counsel for the petitioner, submits that by Re-Tender notice bearing NIT No. 02/GBH/BLA of 2018 dated 24th of July, 2018, the respondents initiated a process for supply of various Dietary items for use in Gujjar and Bakerwal Boys Hostel, Baramulla, for the year 2018-19, in which process, the petitioner, as per the learned counsel, emerged as the lowest bidder, whereafter, the supply order for the requisite items was issued in favour of the petitioner for a minimum period of one year commencing from September, 2018. The learned counsel further pleads that on expiry of the said period of contract, the respondents, in terms of condition No.17 of the e-tender, are obliged under law to allow the petitioner to make supplies to the hostel in question strictly in accordance with the supply order(s) until such time the fresh tender is floated and, finally, allotted to the lowest bidder, however, instead of complying with the said condition prescribed in the tender notice, the respondents have directed the petitioner to stop the supplies as were being provided by him to the hostel without issuing any fresh tender notice only with a view to procure the same from some blue-eyed person.
Mr Feroz Ahmad Sheikh, the learned Deputy Advocate General, appearing on behalf of the respondents, submits that the Warden, Gujjar & Bakerwal Boys Hostel, Baramulla, has directed the petitioner to stop the supplies to the hostel on the instruction of the District Development Commissioner, Baramulla who is the Chairman of the District Level Purchase Committee.
Having regard to the controversy involved in the matter and with the consensus of the learned counsel for the parties, this petition, at this stage, is disposed of with a direction to the District Development Commissioner, Baramulla (Chairman, District Level Purchase Committee)/ respondent No.3 herein, to examine the entire issue and forthwith initiate a process for finalization of fresh contract with reference to supply of items required in the Gujjar & Bakerwal Boys Hostel, Baramulla in accordance with the rules and the law governing the field. The fresh contract be finalized within one month and, in that backdrop, the communication bearing No. GBH/BLA/2019/287-2 dated 25th of October, 2019 shall be kept in abeyance and the petitioner shall be allowed to supply the requisite items to the Gujjar & Bakerwal Boys Hostel, Baramulla in tune with condition No.17 of tender notice dated 24th of July, 2018 for one month.
Writ petition disposed of as above alongwith the connected CM. This order shall also discharge the connected Caveat, being Caveat No.1904/2019, as lodged in the matter on behalf of Warden, Gujjar & Bakerwal Boys Hostel, Baramulla.
Copy of this order be provided to Mr Feroz Ahmad Sheikh, the learned Deputy Advocate General, under the seal and signatures of the Bench Secretary of this Court, today itself.