HC upholds original policy while dismissing Writ Petition

Empanelment of Private Enterprises for establishment of High Density Orchards

13/06/2025

JAMMU, Jun 12: In a significant judgment Justice Moksha Khajuria Kazmi of High Court of J&K and Ladakh at Jammu has dismissed a writ petition filed by a private entrepreneur M/S Ghulam Qadir Dar and Sons, National Highway Narwal Byepass, Channi Rama, Jammu challenging the empanelment of Private Enterprises for the establishment of High Density Orchards in the Jammu Division of the UT of J&K as notified by Govt. Order dated 27-12-2012. 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 (EOI) 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.
While dismissing the writ petition Justice Moksha Khajuria Kazmi referred several judgments of the Supreme Court of India including Tata Cellular V/s Union of India, wherein the Supreme 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.
Advocate Rahul Raina appearing for six newly impleaded private entrepreneurs laid much emphasis that in Jammu Division several empanelled enterprises failed to execute the required works despite issuance of work order and in several districts Chief Horticulture Officers indicated poor performance thereby hampering the achievement of targets.
Advocate Rahul Raina further submitted that the Chief Horticulture Officers infact requested the issuance of a separate EOI for the Jammu Division to ensure the timely implementation of the scheme. He further submitted that out of the eight Empanelled Enterprises only three commenced work and prayed for the dismissal of the writ petition. After hearing both the sides Justice Moksha Khajuria Kazmi dismissed the writ petition and upheld the Government Policy dated 27-12-2022 and also upheld the new Expression Of Interest (EOI) dated 11-12-2024 paving way for empanelment of new private enterprises for the establishment of High density orchards in the Jammu Division.

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