SWAMI RAJ CONTRACTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present writ petition with the following prayers:

(2.) The case of the petitioners is that they worked as sub-contractors to a contractor, who was awarded the contract by National Highway Authority of India (for short 'the NHAI') for four lanning of Chenani-Nashri Section of NH- 1A from KM.89.00 to KM.130.00 (new alignment) including 9 km long tunnel (2 lane). It was claimed that the aforesaid work was sub-let to the petitioners by the respondent No.4- M/s Chenani-Nashri Tunnel Way Ltd., Udhampur, J&K. The petitioners having not been made the payment, direction was sought against the NHAI and respondent No.4 for release of the outstanding balance payment and further directing the NHAI to deduct the amount due to the petitioners from the bills payable to the respondent No.4.

(3.) At the very outset, learned counsel for the respondents raised a preliminary objection regarding maintainability of the present writ petition. It was argued that the dispute sought to be raised involves disputed questions of facts. Writ petition has been filed seeking payment from a private person, which otherwise will not be maintainable as there is no privity of contract between the petitioners and the State or any of its agency. It was further submitted that proper parties have not been impleaded in the present petition. In support of the arguments, reliance was placed upon judgment of this court in WP(C) No.653/2019 titled as M/s New India Structure Private Limited and others v. Union of India and others, decided on 21.08.2019. It was submitted that the petitioners therein were similarly situated sub-contractors, who had filed writ petition in this court with the identical prayer and the same has been dismissed dealing with all the issues sought to be raised by the present petitioners, hence, there is no scope for interference in the present petition. It was further submitted that the work orders were placed to the petitioners by IL and FS Transportation Network Limited (for short 'the ITNL'). The aforesaid Company has not been impleaded as party to the petition. Even as per the terms and conditions of the work order the jurisdiction, in case of any dispute, lies exclusively with the courts at Mumbai.