Anil Singh vs. Ut Of J And K Th Commissioner Secretary TO Government Rural Development Department, Jammu And Others
Facts
The petitioner, Anil Singh, challenged the rejection of his technical bid submitted for e-NIT of 43 of REW Doda of 2025-2026. The bid was rejected because the petitioner did not submit a GSTR-3B Clearance Certificate. The petitioner contended that the last date for submission of GST returns was 20.10.2025, making it impossible to provide the latest clearance certificate on the bid submission date of 09.09.2025. The petitioner requested that the writ petition be treated as a representation to respondent No. 4, with a decision to be taken within a specified period.
Held
The Court disposed of the writ petition by directing respondent No. 4 to treat the petition as a representation from the petitioner. Respondent No. 4 was instructed to decide this representation within seven days of receiving a copy of the writ petition and the order. Furthermore, the Court stipulated that the respondents should not finalize the contract until the petitioner's representation has been decided, provided the petitioner submits the necessary documents to respondent No. 4 within one week. The Court did not make a definitive finding on the merits of the bid rejection itself but provided a procedural remedy.
Key Issues
1. Whether the rejection of the petitioner's technical bid on the grounds of non-submission of a GSTR-3B Clearance Certificate was justified, considering the last date for GST return submission was after the bid submission date? Petitioner's arguments: The petitioner argued that it was impossible to submit the latest GSTR-3B Clearance Certificate as the due date for filing GST returns (20.10.2025) was after the bid submission date (09.09.2025). Revenue/State's arguments: The judgment does not record any specific arguments made by the respondents.
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Cause title — parties, addresses and appearances
ORDER 17.10.2025
The petitioner has challenged rejection of his technical bid which he had submitted pursuant to e-NIT of 43 of REW Doda of 2025-2026. 2. It has been submitted that bid of the petitioner was rejected on the ground of non-submission of (GSTR-3B) Clearance Certificate. According to the petitioner, he had not obtained the said certificate as last date for submission of GST returns was 20.10.2025, therefore, it was not possible for the petitioner to submit his latest GST return clearance certificate on the date when he submitted his bid i.e. on 09.09.2025. 3. Learned counsel for the petitioner has submitted that petitioner would feel satisfied if the present petition is treated as representation by respondent No. 4 and a decision thereon is taken within a spe
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