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2025 DAILYLAW 100605 (ALL)

M/S K.S. TRADERS v. UNION OF INDIA AND 2 OTHERS

WRIC/34275/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13708-DB Court No. - 29 Case :- WRIT - C No. - 34275 of 2024 Petitioner :- M/S K.S. Traders Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Deepak Singh Patel,Kirtiman Singh Counsel for Respondent :- A.S.G.I.,Sanjeev Kumar Pandey,Tushar Kant Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Petitioner is aggrieved by an order of respondent-Railways rejecting petitioner's representation in respect of various claims relating to award of contract to the petitioner. The petitioner apparently had approached this Court by filing Writ-C No.11444 of 2024, which came to be disposed of vide following order passed on 7.5.2024: "1. Heard learned counsel for parties. 2. At present, petitioner is claiming money due to him under a petty contract awarded to him by respondent No. 3. 3. Facts are unascertained. Therefore, no useful purpose may be served in keeping this petition pending or calling for counter affidavit at this stage. Accordingly, writ petition is disposed of with a direction, subject to the petitioner filing fresh representation within a period of three weeks from today, supported by his personal affidavit, that may be dealt with and decided on its own merits by a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of compliance shown by the petitioner. 4. Any amount found due and payable may be paid out within a further period of one month." 2. While rejecting the representation, the competent authority has stated that the claim was in respect of work allotted earlier in respect of which arbitration proceedings were initiated in the year 2011 and the award has already been delivered by the competent arbitrator. The arbitrator apparent has awarded NIL amount to the petitioner. 3. Once that be so, remedy of the petitioner was to have challenged the arbitration award in appropriate proceedings. Writ petition would not lie for such purposes to enforce the claim. 4. The objection of Sri Sanjeev Kumar Pandey, learned counsel for the respondents, therefore, merits acceptance. 5. The writ petition is dismissed. Order Date :- 27.1.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad