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Union of India – Appellant
Versus
Tantia Construction Pvt. Ltd. – Respondent
JUDGMENT
Altamas Kabir, J. —
1. The sole Respondent, M/s. Tantia Construction Pvt. Ltd., filed writ petition, being CWJC No.14055 of 2008, against the Petitioners herein, inter alia, for the issuance of a writ in the nature of Certiorari for quashing the order dated 18th August, 2008, passed by the Deputy Chief Engineer (Construction), Ganga Rail Bridge, East Central Railway, Dighaghat, Patna, calling upon the Respondent Company to execute the enlarged/extended quantity of the contract work pursuant to Tender No.76 of 06-07. Further relief has been prayed for by the Respondent Company for a writ in the nature of Mandamus directing the Petitioners herein to let it complete the reduced quantity of work relating to the construction of the Rail Over-Bridge at Bailey Road, which did not include the additional work in respect of the extended portion of the Viaduct and to close the contract and, thereafter, to make payment for the contract work which it had executed pursuant to the aforesaid Tender.
2. During the hearing of the writ petition several issues were identified regarding the Petitioners’ right to force the Company to execute the additional work of constructing the Viaduct whic
**Union of India v. Tantia Construction Private Limited, (2011) 5 SCC 697** (primary case, referenced in nearly all entries, e.g., Bikanervala Foods Pvt Ltd VS Ministry of Textiles & Anr - 2011 0 Supreme(Del) 904, PILANIA INDANE GAS SERVICE VS UNION OF INDIA - 2011 0 Supreme(All) 2697, DTC Securities Limited VS Jharkhand State Mineral Development Corpn. - 2012 0 Supreme(Jhk) 1523, Anup Electronics, a proprietorship concern situated at Shree Durga Market, Dhanbad VS Bank of India - 2013 0 Supreme(Jhk) 279, etc.): Universally cited as authority on key principles, including that existence of alternative remedy (like arbitration) is not an absolute bar to writ jurisdiction under Article 226, especially in cases of arbitrariness, unfairness, or public interest in contractual disputes with government. Specific supporting language: "it was explained as under" (Bikanervala Foods Pvt Ltd VS Ministry of Textiles & Anr - 2011 0 Supreme(Del) 904); "has been relied, wherein, it is held that" (SKS Power Generation (Chhattisgarh) Limited VS State of Rajasthan - 2014 0 Supreme(Raj) 947); "the Supreme Court has held as under" (Shree Balaji Coal Traders Ltd. VS Central Coalfields limited - 2018 0 Supreme(Jhk) 853, para 33-34); "laid down the principles" (Bhim Bahadur Kami VS State of Sikkim - 2022 0 Supreme(Sikk) 74); repeatedly "relied upon" for writ maintainability despite arbitration clauses (e.g., Udipta Energy and Equipment VS Union of India - 2013 0 Supreme(Gau) 715, Kamal Kant Automobiles VS Hindustan Petroleum Corporation Ltd. - 2019 0 Supreme(All) 654).
**Indian Oil Corporation Ltd. v. ABL International Ltd., (2003) 2 SCC 107** (cross-referenced in multiple entries, e.g., Bikanervala Foods Pvt Ltd VS Ministry of Textiles & Anr - 2011 0 Supreme(Del) 904, SAI BABA FUELS VS HINDUSTAN PETROLEUM CORPORATION LTD. - 2014 0 Supreme(Chh) 138, Delhi Voluntary Hospital Forum VS Ministry of Health & Family Welfare - 2015 0 Supreme(Del) 939, Jarnail Singh VS State of H. P. - 2016 0 Supreme(HP) 1812): Cited alongside Tantia as supporting precedent on writ jurisdiction in contractual matters; treated as good law and foundational. Supporting language: "and subsequent judgment" (SAI BABA FUELS VS HINDUSTAN PETROLEUM CORPORATION LTD. - 2014 0 Supreme(Chh) 138); "Reliance was placed on decisions in" (Delhi Voluntary Hospital Forum VS Ministry of Health & Family Welfare - 2015 0 Supreme(Del) 939).
**Harbanslal Sahnia v. Indian Oil Corpn. Ltd., (2003) 2 SCC 107** (or similar, e.g., Mapsa Tapes Private Ltd. VS Delhi State Industrial & Infrastructure Development Corporation Ltd. - 2015 0 Supreme(Del) 738, Delhi Voluntary Hospital Forum VS Ministry of Health & Family Welfare - 2015 0 Supreme(Del) 939): Frequently paired with Tantia; affirmed as holding alternative remedy no bar to writs. Supporting language: "relied upon two judgments... Union of India... and Harbanslal Sahnia" (Mapsa Tapes Private Ltd. VS Delhi State Industrial & Infrastructure Development Corporation Ltd. - 2015 0 Supreme(Del) 738).
**Union of India v. Raman Iron Foundry, (1974) 2 SCC 231** (ICMC Corporation Limited VS Electronics Corporation of Tamil Nadu Limited - 2016 0 Supreme(Mad) 32, Central Coalfields Limited VS Chanani Transport - 2015 0 Supreme(Jhk) 363): Cited as earlier authority reaffirmed in Tantia; no negative treatment. Supporting language: "Union of India v. Raman Iron Foundry ((1974) 2 SCC 231)".
**Oryx Fisheries Pvt. Ltd. v. Union of India, (2010) 13 SCC 427** (Brahmaputra Business Pvt. Ltd. VS Oil India Ltd. - 2015 0 Supreme(Gau) 498, Baba Hans Construction Pvt. Ltd. VS State of Bihar Through Principal Secretary - 2018 0 Supreme(Pat) 997): Relied upon alongside Tantia; positive citation. Supporting language: "Reliance in this regard can be placed on... Oryx Fisheries".
**Union of India v. Bridge & Roof Company (India) Ltd., (1996) 6 SCC 22** (NATIONAL FEDERATION OF FARMER PROCUREMENT PROCESSING VS STATE OF CHHATTISGARH - 2017 0 Supreme(Chh) 743, Deep Industries Ltd. VS Oil and natural Gas Corporation Ltd. - 2017 0 Supreme(AP) 401): Cited positively in contract/arbitration context.
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