Madhya Pradesh High Court
T.S.Ashok And Company Pvt.Ltd ... vs Rail Vikash Nigam Limited on 9 October, 2014
1 W.P.No. 3267/2014
09/10/2014
Shri Rajnish Sharma, Advocate for the petitioner.
Shri H.D.Gupta, Sr. Advocate with Shri Santosh Agrawal,
Advocate for the respondents/Railways.
Petitioner has filed this petition for the following reliefs:-
"(i) That, the Hon'ble court may kindly be quashed the annexure P-1 termination letter and also be permits to the petitioner company to complete the work as assigned to the petitioner company.
(ii) That, the Hon'ble court may kindly be direct to the respondent to make the payments of the petitioner company bill, which withheld by the respondent authorities/company.
(iii) That, the other relief doing justice including cost be awarded."
A contract was awarded by Railways in favour of respondent No. 4. Respondent No. 4 had subcontracted the contract in favour of petitioner. Thereafter, the respondent No. 4 vide Letter Annexure P/1 terminated the contract of petitioner. The petitioner challenged the termination of contract in the present writ petition and also prayed for payment of bills due to him on account of certain works done.
From perusal of the petition, it is clear that there is no privity 2 W.P.No. 3267/2014 between the petitioner and Railways in regard to contract. Respondent No. 4 is a private party, hence, not amenable to writ jurisdiction. Hence, no relief can be granted to petitioner in this petition filed under Article 226 of the Constitution of India because Court cannot issue any writ against a private person/respondent No. 4. The petitioner is at liberty to take recourse of other remedies available to him in accordance with law.
With the aforesaid observation, petition stands dismissed.
(S.K.Gangele) (Rohit Arya)
Judge Judge
jps/-