M/S KHEM CHAND NIA JV AND ANOTHER v. UNION OF INDIA AND 2 OTHERS
WRIC/9335/2023 · 2025-10-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190733 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190733 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 9335 of 2023 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard Ms. Sushma holding brief of Sri Kartikeya Saran, learned counsel for the petitioners, Sri Vivek Kumar Singh, learned counsel for the contesting respondents and learned Standing Counsel for the State- Respondents.
2. The petitioners have preferred the present writ petition inter-alia with the following prayers:-
"(i) Issue an appropriate writ, order or direction commanding the respondents to record the unrecorded work notified by the petitioner no.1 vide its letter dated 25.08.2020 (Annexure-II) in the Measurement Book, forthwith; (i-a) Issue an appropriate writ, order or direction to quash and set aside the letter dated 26.4.2022 (Annexure No.1), issued by Respondent No.3, finally rejecting the claim/request of petitioners for recording of unrecorded work carried out by them in the Measurement Book."
3. In para no.5 of the short counter affidavit filed by the respondent no.2, it is stated that the petitioner was entered into the work agreement with the North Central Railway and thereafter the work was allotted to them which was commenced on 17.6.2015. It is further stated that in the work contract, there is a Clause 63 and 64 between the parties of the General Conditions of Contract, hence in place of approaching this Court, the petitioners should Versus Counsel for Petitioner(s) : Kartikeya Saran, Varun Singh Counsel for Respondent(s) : A.S.G.I., Vivek Kumar Singh M/S Khem Chand Nia Jv And Another .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
have invoked the remedy under Clause 63 and 64 of General Conditions of Contract.
4. In this view of the matter, a prayer has been made by the counsel for the petitioners to dismiss the present writ petition with liberty to avail the remedy as provided under Clause 63 and 64 of the General Conditions of Contract.
5. In view of the above, the petition is dismissed with the aforesaid liberty.
6. In case petitioners move such an application before the competent authority along with the certified copy of this order, the authority will consider and decide the same in accordance with law. October 13, 2025 Gaurav Kuls WRIC No. 9335 of 2023 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad