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2023 Supreme(Del) 5862

PRATEEK JALAN
Nbcc (India) Limited – Appellant
Versus
Dakshin Haryana Bijli Vitran Nigam – Respondent


Advocates appeared:
Mr. Arvind Minocha, Senior Advocate with Mr. Rajnish Kr. Jha, Ms. Aditi Yaduvanshi, Advocate with Mr. Vikas Kumar, Manager (Law).
Mr. Samir Malik, Mr. Akash Lamba, Ms. Nikita Chokse and Mr. Krishan Kumar, Advocates, for R-1 & 2.
Mr. A.K. Tiwari, Mr. Rahul Burman & Ms. Yosha Dutt, Advocates, for R-3.

JUDGMENT

Prateek Jalan, J.

1. The petitioner has approached this Court under Article 226 of the Constitution of India for the following reliefs:

    "(a) to issue a writ of certiorari or any other suitable writ(s)/order(s)/direction(s) to quash and set aside the Letter dated 01.06.2022 issued by Respondent No. 2;

    (b) to issue a writ of mandamus or any other suitable writ(s)/order(s)/direction(s) to direct Respondent No. 2 to provide electrification through the 33KV Switching Station at Sector 95, Gurugram, Haryana, situated at Respondent no.3's land to Petitioner's project, NBCC Heights, at Sector 89, Gurugram, Haryana; and

    (c) to pass such other orders, or grant such other reliefs, as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

2. The petitioner is a Public Sector Undertaking, whose head office is situated in New Delhi. However, as the writ petition pertains to a project of the petitioner located in Gurugram, Haryana, notice was issued by an order dated 13.01.2023 on the limited aspect of territorial jurisdiction of this Court. By this judgment, I propose to deal with this aspect of the matter.

A. Factual background and pleadings in the writ peti

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