LAWS(ALL)-2023-4-265

RASHID HUSSAIN Vs. UNION OF INDIA

Decided On April 24, 2023
Rashid Hussain Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Sri Shiv Kant Mishra, learned counsel for the petitioners and Sri Pranjal Mehrotra, learned counsel for the respondents.

(2.) By means of present writ petition, the petitioners have sought following reliefs:-

(3.) Sri Pranjal Mehrotra, learned counsel for the respondents has raised preliminary objection regarding maintainability of the present writ petition on two folds submission, firstly that the petitioners have already approached the Arbitrator under Sec. 3G (5) of National Highways Act, 1956 (in short, the Act, 1956) and without disclosing the same, the present writ petition is preferred and secondly, two simultaneous proceedings cannot be permitted to go on. In support of his submission, he has placed reliance on the order dtd. 25/3/2021 passed in Writ C No.8397 of 2021 (Sanskriti University vs. Union of India and 2 others) wherein a coordinate Bench of this Court has proceeded to dispose of the writ petition with following observations:-