Diplomat Correspondent
Jammu,(DD): In a significant judgement, Justice Moksha Khajuria Kazmi of the High Court of Jammu & Kashmir and Ladakh at Jammu has dismissed a writ petition filed by a private entrepreneur, M/S Ghulam Qadir Dar and Sons, based at National Highway, Narwal Bypass, Channi Rama, Jammu. The petition had challenged the empanelment of private enterprises for the establishment of high-density orchards in the Jammu Division, as notified through Government Order dated 27 December 2022.
The petitioner also contested a subsequent Expression of Interest (EOI) dated 11 December 2024, through which the Government invited more entrepreneurs to participate in the Jammu Division initiative.
After hearing submissions from Advocate M.K. Raina on behalf of the petitioner, and Government Advocate Sunil Malhotra along with Advocate Rahul Raina representing six newly impleaded private enterprises, Justice Kazmi upheld the validity of the government’s policy. The court observed that the decision to issue a fresh EOI appeared to be based on administrative necessity, particularly as several previously empanelled enterprises had underperformed, hindering the achievement of scheme targets.
The court further noted that the new EOI does not exclude the petitioner from continuing with existing work or participating in future opportunities. In fact, the petitioner was confirmed to be actively executing work under the original empanelment, as per the records of the Horticulture Department. Therefore, no existing rights were infringed.
In her judgement, Justice Kazmi referred to multiple Supreme Court precedents, including Tata Cellular vs Union of India [(1994) 6 SCC 651], which holds that courts should refrain from interfering in administrative decisions unless they are arbitrary. She also cited National Buildings Construction Corporation vs S. Raghunathan [(1998) 7 SCC 66], which clarified that the doctrine of legitimate expectation does not confer an enforceable right preventing the Government from revising or adapting policy measures for better implementation of public schemes.
Advocate Rahul Raina, representing the six newly empanelled enterprises, argued that many of the previously empanelled firms had failed to execute work despite receiving official work orders. He highlighted reports from Chief Horticulture Officers across several districts, pointing to poor performance that risked derailing the timely execution of the scheme. He further stated that the horticulture officials themselves had requested the issuance of a separate EOI specifically for the Jammu Division to overcome implementation delays.
Of the eight enterprises originally empanelled, only three had reportedly commenced work, prompting the Government to expand the panel through the fresh EOI. The High Court, after considering all arguments, dismissed the writ petition and upheld both the original policy (Government Order No. 425-K(APD) of 2022) and the new EOI dated 11 December 2024.
The judgement clears the path for the empanelment of additional private enterprises under the Government’s initiative to boost high-density orchard development in the Jammu Division(DD)
