WPMS/2800/2016
2021 Latest Caselaw 465 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 24NDDAY OF FEBRUARY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 2800 of 2016


BETWEEN:

URS Scott Wilson India Private Limited
                                                 ....Petitioner
     (By Mr. D.S. Patni, Senior Advocate assisted by Mr.
     Piyush Garg, Advocate)


AND:

Public      Works      Department        through       Project
Director/Chief Engineer, ADB (Transport), Dehradun &
another
                                           .....Respondents

     (By Mr. Vinod Nautiyal, Deputy Advocate General for the
     State of Uttarakhand)


                       JUDGMENT

Petitioner is a consultant, who was engaged for rendering consultancy service by State Public Works Department.

2. In the present writ petition, petitioner has challenged a communication issued to him by Project Director/Chief Engineer, USRIP, Project Management Unit, ADB Projects, on 22.09.2016.

3. A bare perusal of the aforesaid communication indicates that no order, prejudicial to

the interest of the petitioner, has been passed as yet, and the Project Director has merely expressed that the employer reserves his right to take appropriate action against the petitioner.

4. In para 18 of the counter affidavit, it has been stated that the writ petition is premature. This Court is also of the considered opinion that, in the absence of any order entailing civil and evil consequences, there is no cause of action available to the petitioner to maintain this writ petition.

5. Accordingly, writ petition is dismissed. However, dismissal of this writ petition will not preclude the petitioner from approaching this Court as and when cause of action arises. Stay order dated 07.10.2016 stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal