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2026 DAILYLAW 7898 (ALL)

M/S DIKSHA CONSTRUCTION v. UNION OF INDIA AND 4 OTHERS

WRIC/10026/2022 · 2026-09-15

Prakash Padia, Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10026 of 2022 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "( i) issue a writ order or direction in the nature of mandamus directing the concern respondent authority to take attention on the Allahabad Division-Engineering/North Central Railway Tender No.7820182019-211 dated 28-11-2018 and Agreement No.74/W/9912/Bills dated 12-06-2019 and provide the drawing for start the work to the petitioner as per their agreement with immediate effect in accordance with law. (ii)issue a writ order or direction in the nature of mandamus directing the respondent authority to take attention on the representations dated 05-10-2019, 11-11-2019, 03- 01-2020, 8-9-2020 and reminder of the petitioner dated 22-12-2020 and decide the same expeditiously by considering the situation and grievances of the petitioner in accordance with law." 2. It is stated in paragraph-5 of the short counter affidavit that vide letter dated 12.01.2022 issued by the Headquarter, NCR, Prayagraj it has been decided to drop the subject work for "Additional Washing Pit line berthing 24-coach length with one stabling line at new coaching complex at NCC, Kanpur". It is further stated that aforesaid decision has been taken pursuant to the Railway Board's letter dated 19.05.2020 whereby it was advised to review all works, which were sanctioned but not yet started. 3. After going through the same, we are of the opinion that the relief Versus Counsel for Petitioner(s) : Girja Shanker Mishra, Pratiksha Rai Counsel for Respondent(s) : A.S.G.I., Saumitra Singh M/S Diksha Construction .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) sought for by the petitioner by way of prayer no.1 cannot be granted. A further prayer has been made in the writ petition to direct the respondent- authorities to decide the representation of the petitioner. 4. It is argued by counsel for the petitioner that pursuant to the tender notice a sum of Rs.6,36,610/- has been deposited through online payment, copy of which is appended at page 29 of the paper book but till date aforesaid amount has not been refunded. 5. In this view of the matter, present writ petition is disposed of permitting the petitioner to submit a representation in this regard before the concerned competent authority within a period of two weeks. If it is so the concerned competent authority is directed to decide the same expeditiously and preferably within a period of next four weeks. If it is found that the aforesaid amount is still lying with the respondents, the same should be refunded to the petitioner within the same period as stated above. September 16, 2026 Pramod Tripathi WRIC No. 10026 of 2022 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad