Delhi High Court
W.P.(C)/13359/2019 of AARPEE INFRA PROJECTS PRIVATES LIMITED Vs UNION OF INDIA AND ORS. on 7 July 2026
HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13359/2019 AARPEE INFRA PROJECTS PRIVATES LIMITED .....Petitioner Through: None. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Rakesh Kumar, SPC and Mr. Sunil, Adv. for R-1. Mr. Naman Saraswat, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE V.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(C) 13359/2019
AARPEE INFRA PROJECTS PRIVATES LIMITED
.....Petitioner
Through:
None.
versus
UNION OF INDIA AND ORS.
.....Respondents
Through:
Mr. Rakesh Kumar, SPC and Mr.
Sunil, Adv. for R-1.
Mr. Naman Saraswat, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
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O R D E R
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07.07.2026
1. This petition has been filed with the following prayers:- “i. Certiorari by reducing the quantum of debarment circular/order dated 26.10.2018 issued by NHIDCL (annexure P-5) to the extent of the period already expired (i.e. 1 year, 1 month and continuing), so as to not come in way of the petitioner for seeking future works by participating in tender(s), and/or
ii. Mandamus upon NHAI for not getting influenced by the debarment order dated 26.10.2018 of NHIDCL and permit the petitioner to participate in the tender process in NHAI'S projects inter-alia in the tender titled as bid/ package no. NHAI/13013/655/tech./11- 12/gc ghz-all/epc dated 06.09.2019 (as amended from time to time) (Annexure P-10) and/or any other tender(s), and/or
iii. Certiorari for quashing condition at para 2.1.14
(xiii) in tender titled as bid/ package no. NHAI/13013/655/tech./11-12/gc ghz-all/epc dated
06.09.2019 and corresponding particulars sought in annexure -1 (Appendix lA) of RFP document, (Annexure P-10) and/or any other such condition in the tenders issued by NHAI, and/or
iv. Mandamus upon NHAI for quashing the condition of debarment in other projects to be made applicable to the NHAI projects, without there being corresponding onerous condition in the order of debarment and/or in the contract between the contractor and debarring agency, and/or V. Pass any such other order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
2. A short reply has been filed by respondent no. 2 wherein in paragraph 5 to 7, the following has been stated:- “5. At the outset, it is respectfully submitted that the Writ Petition under reply is a clear abuse of the process of law, is not maintainable either on facts or in law as the same has become infructuous. The relief sought in the present petition falls outside the scope and ambit of the extra ordinary writ jurisdiction of this Hon'ble Court as the prayers against the Answering Respondent are vague and in the nature of public interest litigation. It is most humbly submitted that the present Writ Petition filed on 2021/7.12.2019 is based on facts and surmises that prevailed in the year 2019 on account of debarment circular/order dated 26.10.2018 issued by the NHDCIL (previously stood as Respondent No. 3 in captioned writ) which expired on 25.10.2021 (Annexure-P/5) hence no relief's are tenable against Answering Respondent no.2 and the Writ Petition is liable to be dismissed at the very threshold.
6. That the impugned debarment circular/order was passed by the NHDCIL (previously stood as Respondent No. 3 in present writ) has expired hence the Answering Respondent no. 2 is not bound to consider the same at present for future tenders. It is pertinent to mention that the Petitioner herein has never challenged the impugned debarment circular/order issued by the NHDICL on merits and rather has accepted the same.
7. That the terms of the tender dated 06.09.2019 of answering Respondent No.2 brought in question notice before this Hon'ble Court is Construction and Development of 4/6 Lane divided carriageway for THDCIL bypass for Re-routing of Ghazaibad-Aligarh (NH-91) road in THDCIL area from km.98+400/0+000 (Existing/design Chainage) near Dushehra village to Km. 105.500/09+285 (Existing/Design Chainage) near ArniaKhurd Village Total length of bypass 09.285 Kms on EPC mode under NHDP Phase-IV in the state of Uttar Pradesh on EPC Mode and on 05.12.2022 by the Concessionaire/Contractor who was awarded the work in such tender process. That therefore, the Project Direct even the said project has already been successfully completed prayer/s sought by the Petitioner against the answering Respondent in respect of said tender project has become infructuous and hence the present writ petition should be dismissed in limine in view of the same.”
3. We find that there is no appearance for the petitioner. Accordingly, the petition is dismissed in default and for non-prosecution. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JULY 7, 2026/sr