| Citation(s) |
|---|
| 2022 SLG 1452 2022 SLD 1452 2022 PLJ 65 |
High Court (AJ&K)
W.P. No. 1430 of 2021, decided on 26.5.2022.
MIAN ARIF HUSSAIN AND SYED SHAHID BAHAR, JJ.
Raja Shujat Ali Khan, Advocate for Petitioners. Raja Amjad Ali Khan, Haroon Riaz Mughal, Advocates and A.A.G on behalf of
Respondents.
W.P. No. 1430 of 2021, decided on 26.5.2022.
MIAN ARIF HUSSAIN AND SYED SHAHID BAHAR, JJ.
Raja Shujat Ali Khan, Advocate for Petitioners. Raja Amjad Ali Khan, Haroon Riaz Mughal, Advocates and A.A.G on behalf of
Respondents.
M/S. RAJA ZAIN AKBAR KHAN and anothers
VS
SECRETARY PUBLIC WORKS DEPARTMENT and others
Law: Azad Jammu and Kashmir High Ways Ordinance, 1959
Section: 44
Azad Jammu and Kashmir Public Procurement Regulatory Authority Act, 2017 (VIII of 2017)-- ----Ss. 27 , 48--Azad Jammu and Kashmir Interim Constitution, 1974, Art. 44--Submission of bids for construction--Joint venture agreement was lowest in competition--Declaration of petitioners firm as successful bidder--Comparatative statement--Respondent No. 6 was submitted application before redressal committee for allotment of work--Allowed--No opportunity of hearing--Agreement for remanding matter to redressal committee--Direction to--Right to file complaint--Parties should have been given full opportunity to make their defence and substitute their version, in case of any adverse order is required to be passed against them as no one should have been condemned unheard and no order having consequentially adverse affect to someone could be passed on his back--Decision of Respondent No. 3, redressal Committee merits revisit in order to decide matter afresh by providing administrative justice--Matter was remanded back to Grievance Redressal Committee constituted under AJK PPRA Rules, 2017 with a direction to decide Complaint of petitioner afresh stricto senso in accordance with law on merit--Petitions disposed of. Legal obligation-- ----Majesty of law requires that every authority from to lowest cog in hierarchy of administration is under legal obligation to pass speaking and well reasoned orders perfectly in legal attire. JUDGMENT Syed Shahid Bahar, J.--The supra titled writ petition has been filed by the petitioners-Raja Zain Akbar and another under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, seeking aid of this Court by making specific prayer, reproduced as infra: “It is, therefore, very humbly prayed on behalf of the petitioner by accepting the instant writ petition an appropriate writ may kindly be issued against the respondents as under:-- i.That the decision of the redressal committee dated 26.03.2021 through which the petitioners’ Firm is declared non-responsive for the package of link road construction work No. (i) Link Road Pahul to Lani length 2 kilometer (ii) Link Road Bakat to main Pahul Length 1.5 kilometer total length 3.5…
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