MANNE VENKATA LAKSHMOJI, REP. BY ITS PROP. M.V. LAKSHMOJI Vs. AIRPORT AUTHORITY OF INDIA, REP. BY ITS EXECUTIVE DIRECTOR (COMMERCIAL)

JUDGEMENT

(1.) Heard Mr. V.S.R. Anjaneyulu for appellant and Mr. Vikram, learned Standing counsel for 1st respondent.

(2.) Writ petitioner is the appellant. The appellant challenges order dated 22.10.2018 in W.P.No.37244 of 2018 in holding that the writ petition is not maintainable in view of Clause 4.15.1 of Tender No.AAI/BZ/COMML/CAR PARKING/18-19 confining jurisdiction only on the Courts at Delhi. The operative portion of the order under appeal reads thus;

(3.) Mr. Anjaneyulu contends that the finding recorded by the order under appeal is unsustainable and against Article 226 (2) of Constitution of India. Firstly, in the case on hand, the tender is invited to empanel operators for Airports under the administrative control of respondent No.1, secondly that, by operation of Article 226 (2) of the Constitution of India, this Court has jurisdiction to consider the grievance of appellant on merits and for challenging the communication dated 01.08.2018, the appellant need invoke the jurisdiction of Courts in Delhi. Further, he argues that the dismissal of writ petition just by referring to Clause 4.15.1 is erroneous, for a writ petition in this Court is maintainable even if a small portion of cause of action arises within the territorial jurisdiction of this Court. Appellant relies on Nawal Kishore Sharma v. Union of India and others (2014) 9 SCC 329 .