High Court dismissed the writ petition seeking challenge against an order directing deficiencies in construction works. Court held that petitioner failed to exhaust dispute redressal mechanism under the agreed clause.
Writ petition dismissed; liberty granted to avail remedy under the agreement.
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Court No. - 21
Case :- WRIT - C No. - 21809 of 2018
Petitioner :- M/S Ganga Construction Co. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshul Kumar Singhal Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Heard Sri Anshul Kumar Singhal, learned counsel for the petitioner, Sri Ashok Kumar Pandey, learned counsel for the respondent no. 3 and 4 and learned Standing Counsel.
This petition for writ is before us to examine the correctness of the order dated 23rd of May, 2018 passed by the Scheme Incharge, Meerut Development Authority.
Under the order impugned, the Scheme Incharge has directed the petitioner, a construction company, to satisfy the deficiencies in construction of the Nala.
The submission of learned counsel appearing on behalf of the petitioner is that the objection is raised after handing over the Nala to the respondents and that too after having a complete completion report by the Junior Engineer concerned under whose supervision the work was done, as such, the same is bad.
On going through the agreement arrived between the parties, it appears that a dispute redressal system is prescribed therein. The petitioner has approached this Court without availing the dispute redressal system prescribed in Para 24 of the agreement and, as such, we are not inclined to interfere in the matter.
The writ petition is dismissed. The petitioner is at liberty to avail the remedy under the agreement itself.
Order Date :- 19.7.2018 Rameez
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the Court can interfere when the petitioner approaches without availing the dispute redressal mechanism prescribed in the agreement.
If the remedy under the agreement must be exhausted before approaching the High Court in a writ jurisdiction.
M/S Ganga Construction Co.
State Of U.P.
1 Other
2 Others
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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