M/S Dharmindra Singh Gill Security Agency v. Dedicated Freeight Corridor Corporation Of India Ltd & ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17783/2022 & CM APPL. 56821/2022 M/S DHARMINDRA SINGH GILL SECURITY AGENCY ..... Petitioner Through:

None versus DEDICATED FREEIGHT CORRIDOR CORPORATION OF INDIA LTD & ORS.

..... Respondents Through:

Mr. Abhishek Kumar, Adv. for Respondent No.1 Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advocates for R-2 to 4.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 12.03.2024 1.

The Petitioner has approached this Court with the following prayers: "A. Issue a writ of certiorari thereby, quashing the communication bearing No. DFCC-DDU-SS-02dated 03.12.2022 issued by Respondent Corporation to the Petitioner;

B. Issue a writ of mandamus or any other appropriate direction against Respondent Corporation, thereby, directing them to follow the mandate of Office Memorandum bearing No. DPEGM- 12/ 0001/ 2016GT-FTS-5410 dated 13.09.2018 r/w Office Memorandum bearing No. 6/ 22/ 93-DPE(SC/ST) dated 11.11.1994 issued by the Respondent No. 4; C. Issue a writ of mandamus or any other appropriate direction against Respondent Corporation to follow the recommendations/ directions of the Respondent No. 3, thereby permitting the Petitioner to continue providing the security related services for another year from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:49:34

29.11.2022 to 28.11.2023, as recommended by Respondent No. 3 and further clarified by the Respondent No. 2 in its email dated 03.11.2022 & 07.11.2022;

D. Issue a writ of certiorari or any other appropriate writ or direction thereby setting aside the setting aside the open tender issued by the Respondent Corporation and consequent process emanated therefrom, which is clearly in defiance of the Office Memorandum bearing No. DPE-Gm-12/ 001. 2016- Gm-FTS-5410 dated 13.09.2018 r/w Office Memorandum bearing No. 6/ 22/ 93-DPE(SC/ST) dated 11.11.1994 issued by the Respondent No. 4;

E. Pass any other order or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;"

2.

Learned Counsel for the Respondent draws the attention of this Court to a communication dated 02.05.2023 wherein the services of the Petitioner has been extended. He, therefore, states that the earlier communication which is a subject matter of the present Writ Petition has become infructuous.

3.

Statement of the learned Counsel for the Petitioner is taken on record. 4.

The Writ Petition is disposed of as having become infructuous. Pending applications, if any, also stand disposed of. 5.

Liberty is granted to the Petitioner to approach this Court in case need arises in future.

SUBRAMONIUM PRASAD, J MARCH 12, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:49:34