MANOJ PETROLEUM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India wherein the petitioners have prayed for a writ of certiorari quashing the termination order dated December 28, 2021 passed by Nayara Energy Limited (hereinafter referred to as 'respondent no.3') based on the Lab Testing Report dated August 21, 2021. Petitioners have further prayed for a writ of mandamus commanding the respondents no.1 and 2 to make enquiry on the complaint of the petitioners dated January 31, 2022 and reminder dated March 4, 2022.

(2.) Factual matrix giving rise to the instant writ petition is delineated below:

(3.) At the very outset, a preliminary objection has been raised by the learned counsel appearing on behalf of the respondent no.3 with regard to maintainability of the present writ petition. He contends that the main dispute in the present writ petition is between the petitioner no.1 and respondent no.3 and the same should not be adjudicated by this Court in its extraordinary writ jurisdiction on the ground that the respondent no.3 is not 'State' as per Article 12 of the Constitution of India. In light of the preliminary objection raised, we are of the view that the same should be dealt by us at the first instance before addressing the matter on merits.