Bholanath Rajpati Shukla v. National Highways Authority Of India

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 748/2025, CM APPL. 77543/2025, CM APPL. 77545/2025 & CM APPL. 77546/2025 BHOLANATH RAJPATI SHUKLA .....Appellant Through:

Mr. Anirudh Bhatia and Ms. Shreya Sethi, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through:

Mr. Namit Saxena and Ms. Divyangi Gupta, Advocates

CORAM:

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

O R D E R

% 09.12.2025 CM APPL. 77544/2025 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

LPA 748/2025, CM APPL. 77543/2025, CM APPL. 77545/2025 & CM APPL. 77546/2025 3.

Heard the learned counsel for the parties.

4.

This Letters Patent Appeal challenges an order dated 23.09.2025 passed by the learned Single Judge in writ petition bearing no. W.P.(C) 14768/2025, whereby the interim relief prayed for in respect of the order of debarment dated 18.08.2025 has not been acceded to by the learned Single Judge, though by the said order, interim protection to the appellant-petitioner has been granted to the extent that the respondents shall not take any precipitative steps with regard to the bank guarantee and cash performance security. 5.

The submission of the learned counsel for appellant-petitioner is that the 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 12/12/2025 at 13:13:34

learned Single Judge while refusing to stay the order of debarment has erred in law in not considering that in case the said order of debarment is not stayed, the appellant-petitioner shall be debarred from participating in the tenders which may be floated by the respondent but by other public entities as well. 6.

We have considered the submission made by the learned counsel for appellant, however, the prayer made in this appeal, in our opinion, cannot be granted for the reason that granting stay on the debarment order shall amount to granting the final relief at the interim stage which is impermissible. 7.

The validity of the debarment order shall be adjudged by the learned Single Judge at the time of final disposal of the writ petition. 8.

For the aforesaid reasons, we are not inclined to interfere in this Letters Patent Appeal which is hereby dismissed. However, having regard to overall facts and circumstances of the case, we request the learned Single Judge to expedite the proceedings of the writ petition itself and conclude the same as early as possible.

9.

Pending applications also stand disposed of.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 9, 2025 kct 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 12/12/2025 at 13:13:34