Establishment of High Density Orchards
Excelsior Correspondent
JAMMU, June 12: High Court of J&K and Ladakh has dismissed a writ petition filed by a private entrepreneur M/s Ghulam Qadir Dar and Sons challenging the empanelment of private enterprises for the establishment of High Density Orchards in the Jammu Division.
The petitioner had also challenged the new Expression of Interest (EoI) dated 11-12-2024 whereby the Government decided to empanel more entrepreneurs in the Jammu Division.
After hearing Advocate M K Raina appearing for the petitioner whereas Government Advocate Sunil Malhotra and Advocate Rahul Raina appearing for six newly impleaded respondents (newly empanelled private enterprises), Justice Moksha Khajuria Kazmi while upholding the policy notified vide Govt Order No. 425-K(APD) of 2022, observed that the Government’s decision to issue a new Expression of Interest dated 11-12-2024 appears to be based on administrative needs.
“It has been stated that many of the already empanelled agencies were not performing well which prompted the new EoI to meet time-bound targets. Moreover, the new EoI does not bar the petitioner from continuing work or participating further. In fact, he is already executing work under the original empanelment as confirmed by the Horticulture Department and therefore his existing rights have not been taken away”, High Court said.
While dismissing the writ petition Justice Moksha Khajuria Kazmi referred several judgments of the Supreme Court of India wherein the Apex Court held that courts should not interfere with administrative decisions unless they are arbitrary. The court also relied upon a judgment in case of National Buildings Construction Corporation V/s S Raghunathan wherein the Apex Court ruled that the principal of legitimate expectation does not confer an enforceable right to prevent the Government from revising or modifying policy measures undertaken for effective implementation of its schemes.
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