Abdulla Javed Azmi & ORS v. National Highway Authority Of India & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5228/2017 ABDULLA JAVED AZMI & ORS ..... Petitioners Through:

Mr. J.P. Sengh, Sr. Adv. with Mr. Pardeep Dahiya and Ms. Manisha Mehta, Advs.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA & ORS ..... Respondents Through:

Mr. Manish K. Bishnoi, Adv. for R-1 Ms. Jyoti Singh, Sr. Adv. with Mr. S.K.

Gupta, Adv. for private respondents

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 02.06.2017 CAV Nos. 574-578/2017 Since the counsels have entered appearance, all the caveat petitions are disposed of.

CM APPL. 22210-11/2017 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 5228/2017 The petitioners are aggrieved by the orders passed by the Central Administrative Tribunal in various OAs as detailed in prayer (a) of this writ petition. Petitioners are also aggrieved by a circular dated 22.05.2017 issued by the NHAI. Relief is also sought against the NHAI in the form of finalisation of W.P.(C) 5228/2017 1/2

the seniority list of Manager (Technical). The learned counsel for the respondent no. 1 and private respondents entered appearance on an advance copy having been served. A preliminary objection has been raised by Ms. Jyoti Singh, ld. Sr. Advocate appearing for the private respondents that this petition is not maintainable as challenge to the circular and to the orders passed by the Central Administrative Tribunal in the OAs, where the present petitioners were not parties, would lie before the Central Administrative Tribunal. Mr. J. P. Singh, learned Sr. Advocate for petitioner submits that although a writ petition would not be barred against the orders passed by the tribunals where the petitioners were not parties, however, he has instructions not to press the writ petition. He seeks the leave to approach the CAT. The writ petition is accordingly dismissed as not pressed with liberty as prayed.

CM APPL. 22209/2017 (Stay application) IA dismissed as not pressed.

G.S.SISTANI, J (VACATION JUDGE) VINOD GOEL, J (VACATION JUDGE) JUNE 02, 2017 P W.P.(C) 5228/2017 2/2