Dharamvir Singh v. Municipal Corporation Of Delhi

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13126/2025, CM APPL. 53704/2025 & CM APPL. 53705/2025 DHARAMVIR SINGH .....Petitioner Through:

Mr.Balraj Singh Malik, Mr.Amrit Singh and Mr.Gaurav Bishnoi, Advs.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr.Gaganmeet Singh Sachdeva, SC for MCD with Mr.Harshpreet Singh and Mr.Hridesh Khanna, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 28.08.2025 1.

Heard learned counsel for the parties.

2.

The instant petition has been instituted under Article 226 of the Constitution of India seeking the following prayers:- "(a) To issue a writ of Mandamus to quash the illegal registration of contractors by MCD based solely on affidavits without verification of mandatory documents such as proof of machinery, character, income tax and other relevant certificates.

(b) To direct the respondent to strictly comply with the Circular No. D/SE(P)/2020-21/154 of dated 13.10.2020 for following the CPWD Manual for contractors registration as well as tenders process. (c) To issue a writ of mandamus to quash the tenders allotted by the respondent to ineligible and incompetent contractors in violation of SOP for CPWD Manual. 17 (d) To pass an order directing the respondent to re-valuate all tenders issued to contractors registered without proper verification and ensure that only eligible contractors are awarded tenders. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(e) To grant interim relief by staying the execution of tenders allotted to ineligible contractors pending the disposal of this writ petition. (f) To pass any other order (s) or direction (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3.

The petitioner himself is a contractor and seeks quashing of the alleged illegal registration of contractors by the Municipal Corporation of Delhi ("MCD").

4.

According to learned counsel for the petitioner, certain contractors have been registered by the MCD solely on the basis of the averments made by such contractors on affidavit without verifying the documents such as proof of machinery, Character, Income Tax and other relevant certificates etc. 5.

While perusing the averments made in the writ petition, we do not find even a single instance where registration of a contractor has been done in the manner in which the petitioner makes assertions in this petition. 6.

It is also to be noticed that not even a single contractor in respect of whom the allegations have been made that they are registered by the MCD without following the process of law, have been impleaded as a party respondent.

7.

Another prayer made in the writ petition is to quash the tenders allotted by the MCD to ineligible and incompetent contractors in violation of Standard Operating Procedure (SOP) for Central Public Works Department (CPWD) Manual. In this respect as well, no instance has been cited giving details of the tender where any such contractor has been given the work order in the alleged violation of the SOP for CPWD Manual. The petition in respect of this prayer, thus, lacks specific details. 8.

Further, though, prayer has been made to quash the tenders allotted to certain contractors but none of the contractors have been impleaded as party The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent. The petitioner also prays that a direction may be issued to the MCD to re-evaluate all the tenders issued to contractors registered without proper verification and to ensure that only eligible contractors are awarded tenders. Qua this prayer as well, no specific details have been given in the writ petition, as to in which particular tender/tenders, the contractors have been awarded the tenders who are registered without proper verification, as alleged by the petitioner.

9.

So far as the prayer relating to strict compliance of the provisions of the circular dated 13.10.2020 is concerned, that is for the Authority of the CPWD to consider and if the said circulars are binding, we find no reasons to come to the conclusion that the provisions thereof are not being followed. 10.

For the reasons aforesaid, we are not inclined to entertain this petition, which is hereby dismissed along with pending applications. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J AUGUST 28, 2025/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.