Disposed

M/S Agnitio Infrastucture Project Pvt. Ltd. v. Union of India and Ors.

Delhi HC16 Sept 2026W.P.(C)/13569/2026

Case brief

AI extract

What is this about?

Two writ petitions challenged NHAI circulars dated 29/09/2025, 12/03/2026, 11/05/2026, 17/03/2026 and 06/07/2026 that amended RFP evaluation criteria for Authority Engineer and Independent Engineer consultants, including a 'rating of firms' mechanism. Petitioners alleged the changes were arbitrary, ultra vires, and violated Articles 14 and 21. The High Court did not rule on merits but directed the competent authority to treat each petition as a representation and decide it within eight weeks, disposing of the petitions with liberty to file fresh writ petitions if needed.

What did the court decide?

Petitions disposed of with direction to competent authority to treat each petition as a representation and decide within eight weeks; petitioners at liberty to file fresh writ petitions if aggrieved.

M/S Agnitio Infrastucture Project Pvt. Ltd. Vs… — Public Procurement and Tenders | Delhi HC (2026)

¶1

$~104 & 105

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CNR No. DLHC010440422026

¶4

- W.P.(C) 13569/2026

¶5

M/S AGNITIO INFRASTUCTURE PROJECT PVT LTD

¶6

.....Petitioner

¶7

Through: Ms. Pooja Singh, Mr. Vivek Bhadauria, Mr. Bankim K Kulshrestha, Ms. Manjusha Sehgal and Mr. Lalit Biduri, Advs. Versus UNION OF INDIA AND ORS. .....Respondents Through: Mr Abhishek Gupta, CGSC with Manish Sharma, GP, Mr. A S Vamsi Krishna and Mr Abhishek Pachauri, Advocate for UOI. Mr. Santosh Kumar Sr. Adv. and Mr. Ritik Dwivedi, Ms. Dharitry Phookan and Mr. Aakash Kishore Advocate for NHAI 105

¶8

# CNR No. DLHC010440432026

¶9

- W.P.(C) 13570/2026

¶10

PIONEER INFRA CONSULTANTS PVT LTD .....Petitioner Through: Mr. Vivek Bhadauria, Mr. Pooja Singh, Mr. Bankim K Kulshrestha, Mr. Manjusha Sehgal and Mr. Lalit Biduri, Adv. Versus

¶11

This is a digitally signed order.

¶12

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 19/09/2026 at 11:42:52

¶13

UNION OF INDIA AND OTEHRS

¶14

.....Respondents

¶15

Through: Mr. Santosh Kumar Sr. Adv. and Mr. Ritik Dwivedi, Ms. Dharitry Phookan and Mr. Aakash Kishore Advocate.

¶16

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

¶17

O R D E R % 16.09.2026

¶18

CM APPL. 63361/2026 & CM APPL. 63363/2026 (exemption) in W.P.(C) 13569/2026 CM APPL. 63364/2026 & CM APPL. 63366/2026 (exemption) in W.P.(C) 13570/2026

¶19

Allowed, subject to all just exceptions.

¶20

Application stands disposed of.

¶21

W.P.(C) 13569/2026 & CM APPL. 63362/2026 (Stay)

¶22

By way of the present writ petition, the petitioner is seeking following

¶23

prayers:

¶24

“1. Issue direction(s) to the respondents to withdraw or set- aside the arbitrary and unjust impugned guidelines in new RFPs, amended by respondent no-1 vide circular dt- 29/09/2025 & revised circular dt12/03/26, 11/05/26, for the appointment of consultancy services for authority engineer (AE) & Independent Engineer (IE) consultants, in n*:w projects issued by all respondents, and declare the clause of “rating of firms” and other modification, at the stage of technical & financial evaluation criteria of new RFP, ULTRA VIRUS. of under articale 14 and 21 of Constitution of India.”

¶25

Issue notice.

¶26

Notice is accepted by the learned counsel appearing for respondents.

¶27

Having heard the learned counsels appearing for the parties, this Court directs the competent authority to treat the present petition as a representation, in addition to any representation filed by the petitioner, and

¶28

This is a digitally signed order.

¶29

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 19/09/2026 at 11:42:52

¶30

decide the same within a period of eight weeks from date, under intimation to the petitioner and this Court.

¶31

In above terms, the present petitions, along with pending applications, stand disposed of.

¶32

The petitioner is at liberty to approach this Court again, in case the need so arises, by way of filing a fresh writ petition.

¶33

W.P.(C) 13570/2026 & CM APPL. 63365/2026 (Stay)

¶34

By way of the present writ petition, the petitioner is seeking following prayers:

¶35

“1. Issue direction(s) to the respondents to withdraw or set- aside the arbitrary and unjust impugned guidelines in new RFPs, amended by respondent no-1 vide circular dt- 29/09/2025 & revised circular dt12/03/26, 11 /05/26 for the appointment of consultancy services for authority engineer (AE) & Independent Engineer (IE), in new and pending projects issued by all respondents, and & Circular dt-17 /03/26 for gave them provisional rating, subsequently, circular dt- 06/07 /26 through which the rating of petitioner has been reduced from 69.56 to 41.88, And/ Or to declare the clause of "rating of firms" and other modification, at the stage of technical & financial evaluation criteria of new RFP, ULTRA VIRUS.

¶36

And/or, Issue direction(s) to the respondents to evaluate the performance of petitioner in eligible projects only and give rating to them and accordingly allow the petitio.rier to participate iri upcoming projects.”

¶37

Issue notice.

¶38

Notice is accepted by the learned counsel appearing for respondents.

¶39

Having heard the learned counsels appearing for the parties, this Court directs the competent authority to treat the present petition as a representation, in addition to any representation filed by the petitioner, and decide the same within a period of eight weeks from date, under intimation to the petitioner and this Court.

¶40

In above terms, the present petitions, along with pending applications, stand disposed of.

¶41

This is a digitally signed order.

¶42

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 19/09/2026 at 11:42:52

¶43

The petitioner is at liberty to approach this Court again, in case the need so arises, by way of filing a fresh writ petition.

¶44

The order be uploaded on the website forthwith.

¶45

DR. SWARANA KANTA SHARMA, J

¶46

SEPTEMBER 16, 2026/ vs vs

¶47

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 19/09/2026 at 11:42:52

M/S Agnitio Infrastucture Project Pvt. Ltd. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

M/S Agnitio Infrastucture Project Pvt. Ltd. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indian Broadcasting Foundation Vs Telecom Regulatory Authority of India

Dr Manish Kamra Vs Union of India & Ors.

Mursaleen Vs Lt Governor and Ors.

Maa Mundeshwari School of Medicine Private Limited & Anr. Vs National Medical Commission & Ors.

Shri Atul Aggarwal Vs Union of India & Ors.

Abhishek Kumar Pathak Vs Unioon of India & Ors.

Mueenzafar Khan Vs Municipal Corporation of Delhi & Ors.

Indian Oil Corporation Ltd. Vs Raj Kumar