M/S GCKC PROJECTS AND WORKS PVT. LTD. v. STATE OF RAJASTHAN
CW/14063/2024 · 2026-04-13
Sameer Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3592 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3592 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:15475] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1607/2025 Offshore Infrastructures Limited, Having Its Registered Address At 22, Udyog Kshetra, Mulund Link Road, Mulund (West), Mumbai - 400 080 And Branch Office At P. No. 383, Tagore Nagar, Ajmer Road, Jaipur, Rajasthan, Through Its Authorized Signatory Shri Pawan Kumar Sharma. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur. 2. The Office Of The Chief Engineer, (Urban And Nrw), Public Health Engineering Department, Jal Bhawan, 2-Civil Lines, Jaipur-302006. 3. The Office Of Additional Chief Engineer, Public Health Engineering Department, Region Ii, Gandhi Nagar, Jaipur. 4. The Office Of The Superintending Engineer, Public Health Engineering Department, Project Division, Jaipur. 5. The Office Of The Executive Engineer, Public Health Engineering Department Project Division- Ii, (North), Opposite Rbi Quarters, Gandhinagar, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 14063/2024
1. M/s Gckc Projects And Works Pvt. Ltd., Through Its Director-Cum-Authorized Signatory, Having Its Corporate Office At 24, Mission Compound, Ajmer Road, Jaipur (Raj.)
2. G.p. Sharma S/o Shri Chhote Lal Sharma, Aged About 60 Years, Director/authorized Signatory Of Gckc Projects And Works Pvt. Ltd., Having Its Corporate Office At 24, Mission Compound, Ajmer Road, Jaipur (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Public Health Engineering Department, Jaipur (Raj.)
2. The Additional Chief Engineer (Sp) And In-Charge, Phed, Project Region Jaipur (Raj.)
3. The Superintending Engineer, Phed, Project Circle, Jaipur (Raj.)
4. The Executive Engineer, Phed, Project Division, Phagi (Raj.) ----Respondents S.B. Civil Writ Petition No. 15246/2024
[2026:RJ-JP:15475] (2 of 5) [CW-1607/2025] Spml-Shree Hari Jv, Having Its Office Located At Plot No. 26, Shree Hari Mansion, Iind Floor, Hathroi, Gopalbari, Jaipur, Rajasthan, India, 302001, Through Its Authorized Signatory Shri Nitin Mathur S/o Shri Kali Charan Mathur. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur. 2. The Office Of Additional Chief Engineer (Project), Project Region, Jaipur At 2, Jal Bhawan, Civil Lines, Public Health Engineering Department, Jaipur, Rajasthan-302006. 3. The Office Of The Executive Engineer, Public Health Engineering Department, Project Division Tonk And Uniyara. 4. The Office Of The Superintending Engineer, Public Health Engineering Department, Project Circle Tonk, Near Dr. Shikarchand House, Behind Kimmu Chakki, Civil Lines Tonk, Rajasthan-304001.
----Respondents S.B. Civil Writ Petition No. 15423/2024 Ga Infra Pvt. Ltd., Having Its Registered Address At Plot No 61, Keshav Nagar, Hawa Sadak, Jaipur, Jaipur, Rajasthan, India, 302006, Through Its Authorized Signatory Shri Kanhaiya Lal Sharma S/o Late Shri Prem Raj Sharma. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur. 2. The Office Of The Chief Engineer (Special Projects), Public Health Engineering Department, 2, Civil Lines - Jaipur -
302006. 3. The Office Of Additional Chief Engineer (Project), Public Health Engineering Department, Bhaleri Road, Churu, Rajasthan
4. The Office Of The Superintending Engineer, Public Health Engineering Department, Project Circle Jhunjhunu, Rajasthan. 5. The Office Of The Executive Engineer, Public Health Engineering Department, Project Division- Khetri, Jhunjhunu, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 17787/2024 M/s Ga Infra Pvt. Ltd. And Parul Construction Co.- Jv, Having Its Registered Address At Plot No 61, Keshav Nagar, Hawa Sadak, Jaipur, Jaipur, Rajasthan, India, 302006, Through Its Authorized
[2026:RJ-JP:15475] (3 of 5) [CW-1607/2025] Signatory Shri Kanhaiya Lal Sharma S/o Late Shri Prem Raj Sharma. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Secretariat, Jaipur-302005, Rajasthan
2. The Office Of The Commissioner, Municipal Corporation, Bharatpur, Near Mathura Gate, Bharatpur- 321001, Rajasthan. 3. The Office Of The Executive Engineer, Municipal Corporation, Bharatpur, Near Mathura Gate, Bharatpur- 321001, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sunil Nath with Mr. Pratik Jain Mr. Sandeep Pathak Ms. Nandini Singh Bhown For Respondent(s) : Mr. Kuldeep Singh Rathore & Mr. Rohan Mittal for Ms. Mahi Yadav, AAG Ms. Sneha Kaushal for Mr. Neeraj Batra, GC Mr. Anuj Sharma Mr. Chetnya Yadav Mr. Anmol Gamot HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 13/04/2026
1. The present batch of writ petitions has been filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
2. It is contended by the learned counsel for the petitioners that the core controversy involved in the matter at hand revolves around a contractual dispute, wherein the respondent-authorities have imposed liquidated damages upon the petitioners for
[2026:RJ-JP:15475] (4 of 5) [CW-1607/2025] allegedly failing to perform the contract qua the specified contractual benchmarks.
3.
Learned counsel argued that the delay in the execution of the contract is entirely attributable to the respondents. As the matter involves complex and disputed questions of fact, learned counsel placed reliance upon the ratio laid down by the Hon’ble Supreme Court in the case of The State of Rajasthan & Ors. v. GVPR Engineers Limited reported in SLP(C) No. 30649/2024 and has submitted that the Hon’ble Apex Court, while dealing with a similarly situated controversy, has observed that such factual and contractual disputes can be effectively adjudicated by availing the efficacious alternate remedy before the Standing Committee, as stipulated under Clause 23 of governing bid document.
4. Having heard the submissions advanced by the learned counsel and upon bare perusal of the material available on record, this Court clarifies that the observations and rationale laid down by the Hon’ble Supreme Court in the aforementioned dictum are applicable mutatis mutandis to the present batch of petitions considering the identical factual matrix involved.
5. In light of the above, learned counsel for the petitioners has advanced a limited prayer, requesting that the matters be relegated to the Standing Committee with a specific direction to dispose of the disputes within the period specified in the above- referred dictum.
6.
Learned counsel appearing on behalf of the respondents has expressed no objection to the said limited prayer.
7. Accordingly, with mutual consent of the parties, the present batch of writ petitions stands disposed of with directions to the
[2026:RJ-JP:15475] (5 of 5) [CW-1607/2025] petitioners to avail the efficacious alternate remedy before the Standing Committee.
8. It is made clear that if any application is filed by the petitioners seeking an interim order or protection, the same shall be considered and decided by the competent authority strictly in accordance with the law.
9. Accordingly, the present batch of writ petitions stands
disposed of. Pending application(s), if any, shall also stand(s)
disposed.
(SAMEER JAIN),J JKP/s-138-142