M/S Nazir Hussain Rishu And Sons Bhatindi Jammu vs UT Of J&K And Anr

Rahul Bharti, J

Heard learned counsel for the petitioner.

The petitioner’s concern is a sole proprietorship concern of its proprietor Nazir Hussain Rishu. On the basis of working and experience as contractorship concern in the class C and B, the petitioner came to acquire registration as class A contractor in terms of Registration no. PWD(R&B)-J/A/81/2019-20 dated 24.12.2019 which was valid upto 31.03.2020 which got then twice renewed when the last renewal lasted upto 31.03.2022.

The petitioner’s claim for seeking renewal of the registration certificate as class A contractor is awaiting renewal despite the fact that the petitioner has fulfilled all the formalities along with the deposit of the requisite fees.

Pendency in grant of renewal of registration is coming in the way of the petitioner’s fundamental right to work as contractor and, as such, the present writ petition for requisite mandamus.

Prima facie case is made out.

Issue notice to respondents.

Petitioner to furnish registered postal covers within a period of 7 days whereupon let notices go to the respondents.

List on 01.03.2023.

In the meantime, the respondents are directed to consider the case of the petitioner for the renewal of registration certificate on its merits and in case the petitioner fulfills all the requirements on the basis of which the registration was originally accorded then the renewal shall also be accorded to the petitioner by the respondents so as to save the petitioner from suffering loss of fundamental right to work bearing status as class A contractor. This interim direction, however, subject to the objection from the other side.