[2026:RJ-JP:15827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6882/2026 M/s. Aakaar Enterprises, Through Its Proprietor Islamuddin Son Of Shri Salimuddin, Aged About 46 Years, Shop No.5, Gurunanak Complex, Kasim Gali, Ground Floor, Kota (Raj.) 324002 ----Petitioner Versus 1. Union Of India, Through General Manager, North Western Railway, Kesar Vihar, Near Jawahar Circle, Jagatpura, Jaipur-302017 2. Chief Commercial Manager, Catering, North Western Railway, Kesar Vihar, Near Jawahar Circle, Jagatpura, Jaipur-302017 3. Senior Divisional Commercial Manager, North Western Railway, Bikaner. ----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. P.C. Sharma with Ms. Arpita Joshi HON'BLE MR. JUSTICE SAMEER JAIN Order 16/04/2026 Present petition is filed under Article 226 of the Constitution of India. Learned counsel for the petitioner submits that there is no alternative efficacious remedy available in law. Learned counsel for the respondents have taken a preliminary objection and submitted that as per Clause 22 of the agreement, there is availability of dispute resolution/arbitration clause, qua the general and special conditions. The relevant clause 22 is reproduced hereinbelow: [2026:RJ-JP:15827] (2 of 2) [CW-6882/2026] 22. Dispute resolution and arbitration: 22.1 As per the provisions of Indian Railways Standard ‘General Conditions of Contract’ for Works Contracts- issued by Engineering Department in April 2022. 23. Railways reserves the right to cancel the e-auction and/or reject all the bids at any stage without citing any reason, before the issue of bid-sheet. 24. In case of any conflict between these ‘Standard Conditions of Contract’ and ‘Special Conditions of Contract’ (issued by Railway Board/ Zonal Railway/ Division for any specific category of contract, if any), the provisions of ‘Special Conditions of Contract’ shall prevail-provided such Special Conditions are as per the provisions of ‘policy for Commercial Earning & NFR contracts awarded through e- Auction’. In the light of the same, and in view of Annx. 7 the petition is not maintainable and it is opined that the order impugned dated 08.04.2026 directing withdrawal of confectionery items, involves disputed questions of facts, and as there is availability of an arbitration clause, appropriate mode by adopted by the petitioner, in order of redressal of his grievance. The present petition is accordingly, disposed of. Pending applications, if any, stand disposed of. (SAMEER JAIN),J CHANDAN /25