Writ petition challenging an NHIDCL debarment order and NHAI tender conditions. Respondents stated the debarment had expired and the tender project was completed. No appearance for the petitioner; the petition was dismissed in default and for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~14
.....Petitioner
Through: None.
versus
UNION OF INDIA AND ORS. .....Respondents Through: Mr. Rakesh Kumar, SPC and Mr. Sunil, Adv. for R-1. Mr. Naman Saraswat, Adv. for R-2.
CORAM:
iii. Certiorari for quashing condition at para 2.1.14 (xiii) in tender titled as bid/ package no. NHAI/13013/655/tech./11-12/gc ghz-all/epc dated
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:36:12
06.09.2019 and corresponding particulars sought in annexure -1 (Appendix lA) of RFP document, (Annexure P-10) and/or any other such condition in the tenders issued by NHAI, and/or
iv. Mandamus upon NHAI for quashing the condition of debarment in other projects to be made applicable to the NHAI projects, without there being corresponding onerous condition in the order of debarment and/or in the contract between the contractor and debarring agency, and/or
V. Pass any such other order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
“5. At the outset, it is respectfully submitted that the Writ Petition under reply is a clear abuse of the process of law, is not maintainable either on facts or in law as the same has become infructuous. The relief sought in the present petition falls outside the scope and ambit of the extra ordinary writ jurisdiction of this Hon'ble Court as the prayers against the Answering Respondent are vague and in the nature of public interest litigation. It is most humbly submitted that the present Writ Petition filed on 2021/7.12.2019 is based on facts and surmises that prevailed in the year 2019 on account of debarment circular/order dated 26.10.2018 issued by the NHDCIL (previously stood as Respondent No. 3 in captioned writ) which expired on 25.10.2021 (Annexure-P/5) hence no relief's are tenable against Answering Respondent no.2 and the Writ Petition is liable to be dismissed at the very threshold.
6. That the impugned debarment circular/order was passed by the NHDCIL (previously stood as Respondent No. 3 in present writ) has expired hence
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:36:12
the Answering Respondent no. 2 is not bound to consider the same at present for future tenders. It is pertinent to mention that the Petitioner herein has never challenged the impugned debarment circular/order issued by the NHDICL on merits and rather has accepted the same.
7. That the terms of the tender dated 06.09.2019 of answering Respondent No.2 brought in question notice before this Hon'ble Court is Construction and Development of 4/6 Lane divided carriageway for THDCIL bypass for Re-routing of Ghazaibad-Aligarh (NH-91) road in THDCIL area from km.98+400/0+000 (Existing/design Chainage) near Dushehra village to Km. 105.500/09+285 (Existing/Design Chainage) near ArniaKhurd Village Total length of bypass 09.285 Kms on EPC mode under NHDP Phase-IV in the state of Uttar Pradesh on EPC Mode and on 05.12.2022 by the Concessionaire/Contractor who was awarded the work in such tender process. That therefore, the Project Direct even the said project has already been successfully completed prayer/s sought by the Petitioner against the answering Respondent in respect of said tender project has become infructuous and hence the present writ petition should be dismissed in limine in view of the same.”
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
JULY 7, 2026 /sr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:36:12
AARPEE INFRA PROJECTS PRIVATES LIMITED
UNION OF INDIA AND ORS.
V. KAMESWAR RAO
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
