M/S Vikas Transport Co vs Ut Of J&K & Ors on 8 July, 2026

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    Jammu & Kashmir High Court

    M/S Vikas Transport Co vs Ut Of J&K & Ors on 8 July, 2026

                                                                            S. No. 6
    
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
    
    WP(C) No. 1272/2026
    c/w
    WP(C) No. 1407/2026
    WP(C) No. 1409/2026
    WP(C) No. 1488/2026
    WP(C) No. 1489/2026
    WP(C) No. 1545/2026
    
    M/s Vikas Transport Co.                                            .....Petitioner(s)
    
                        Through: Mr. U. K Jalali, Sr. Advocate with
                                 Ms. Isha Razdan, Advocate
                                 [WP(C) Nos. 1488 & 1489/2026]
                                 Mr. Amit Gupta, Sr. Advocate with
                                 Mr. Sumit Moza, Advocate
                                 [WP(C) No. 1407/2026]
                                 Mr. Karman Singh Johal, Advocate
                                 [WP(C) No. 1272/2026]
                                 Mr. Uday Baskar, Advocate
                                 [WP(C) No. 1545/2026]
    
                Vs
    UT of J&K & Ors                                                 ..... Respondent(s)
    
                        Through: Ms. Meenakshi Slathia, Dy AG for R-1
                                 (in all petitions)
                                 Mr. Z A Shah, Sr. Advocate with
                                 Mr. Parimoksh Seth, Advocate
                                 [Through Virtual Mode]
                                 Mr. Faiz-ul Arif Fami, Advocate for R-2 to 4
                                 [WP(C) No. 1488/2026]
    
    Coram:    HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
    
                                        ORDER
    

    (08.07.2026)

    01. By virtue of order dated 29.06.2026, learned counsel appearing on behalf
    of respondent No.1 Ms. Meenakshi Slathia, learned Dy AG was directed to
    apprise this Court whether the decision has been taken by the Government
    in pursuance to the communication dated 02.06.2026 issued by the
    Managing Director, State Road Transport Corporation to the Secretary to
    Government, Transport Department, and the said decision was to be
    conveyed to this Court so that the grievances projected by the petitioners in
    2 WP(C) No. 1272/2026

    SPONSORED

    all the petitions were redressed and the writ petitions which have been
    pending adjudication are brought to their logical conclusion.

    02. Since time was of the essence in the matter, this Court deemed it
    appropriate to list these matters today.

    03. When the matter was taken up today, learned counsel appearing on behalf
    of the respondent No.1 has produced a copy of communication dated
    01.07.2026, issued by the Director, Finance Transport Department,
    addressed to the Managing Director, J&K Road Transport Corporation. A
    perusal whereof reveals that the matter was examined in the Department
    and pursuant thereto the following decision was taken:

    1) While deciding the matter, due reference may be made to the provisions
    contained in Chapter III under the heading “Powers and Duties of the
    Corporation”, particularly Section 19(2)(f) and Section 19(2)(j) of the
    Road Transport Corporations Act, 1950, for arriving at a reasoned and
    legally sustainable conclusion.

    2) The Delegation of Powers vested in the Managing Director under
    Section 129(1), as approved in the 3rd Meeting of the Board of
    Directors of JKRTC and as further elaborated in the 72nd Meeting of
    the Board of Directors under Agenda No. 72.01, may also be kept in
    view while taking a decision in the matter.

    3) The provisions of Rule 173(xx) of the General Financial Rules, 2017,
    shall be adhered to in letter and spirit while finalizing the instant
    tender.

    4) Since the matter is presently subjudice before the Hon’ble High Court
    of Jammu & Kashmir and Ladakh and no interim orders have been
    passed restraining continuation of the tender process, JKRTC may
    proceed in accordance with the applicable rules and regulations.

    04. The decision taken by the Government has been conveyed by the Director
    Finance, Transport Department to the Managing Director, J&K Road
    Transport Corporation with a direction to proceed further in accordance
    with the applicable rules and regulations. A copy of communication dated
    01.07.2026 is taken on record.

    05. When a specific query was put by this Court to the learned counsel
    appearing on behalf of respondent No.1 by this Court whether the decision
    which finds mention in the aforesaid communication dated 01.07.2026 is in
    fact a decision of the Government, the learned counsel for the respondent
    No.1 could not give a satisfactory reply to this Court and rather she seeks
    one week’s further time to have fresh instructions in the matter with a view
    3 WP(C) No. 1272/2026

    to apprise this Court whether the decision which finds mention in the
    aforesaid communication is, in fact, a decision of the Government and in
    case if the said decision is the decision of the Government, then the
    Managing Director is under a legal obligation to take a decision in
    accordance with the applicable rules and regulations.

    06. Be that as it may, the learned counsel appearing on behalf of the respondent
    No.1 is directed to have fresh instructions in the matter and to take a
    categoric stand whether the decision which finds mention in the aforesaid
    communication is in fact a decision of the Government and if that is so,
    then the Managing Director is under a legal obligation to take a call in
    accordance with the applicable rules and regulations, the details of which
    finds mention in the aforesaid communication.

    07. Let a decision on behalf of the Managing Director, SRTC be also placed on
    record on or before the next date of hearing positively, in case the
    Government concurs with the view that the said decision is the decision of
    the Government.

    08. Keeping in view the urgency projected in the matter, Registry is directed to
    list the instant petition along with connected matters on 22.07.2026, higher
    up.

    (WASIM SADIQ NARGAL)
    JUDGE
    JAMMU
    08.07.2026
    Vijay

    Vijay Kumar
    2026.07.08 17.20
    I attest to the accuracy and
    integrity of this document



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