Allahabad High Court
Ashutosh Singh vs D.M., Gonda & Ors. on 1 August, 2019
Bench: Anil Kumar, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 3
Case :- MISC. BENCH No. - 20785 of 2019
Petitioner :- Ashutosh Singh
Respondent :- D.M., Gonda & Ors.
Counsel for Petitioner :- Suman Pandey
Counsel for Respondent :- C.S.C.,Satish Chandra Kashish
Hon'ble Anil Kumar,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the opposite party no.1 and Shri Satish Chandra Kashish, learned counsel for the opposite party nos.2 and 3.
With the consent of parties' counsel, writ petition is being decided at the admission stage.
Facts in brief of the present case are that the petitioner participated in the public auction through his duly constituted attorney and his bid was found to be the highest bid, which was of Rs.1,05,017,86/-. The auction was held for the contract/license of taxi stand for the year 2015-16. As per terms and conditions of the auction notice, the bidder was required to deposit the amount i.e. Rs. 9 lacs. After awarding of the contract, the bid amount was to be deposited in four installments.
Opposite party no.2, vide letter dated 11.03.2015, awarded the contract in favour of the petitioner. After depositing the first installment of the bid amount by the petitioner, opposite party no.2 issued a letter to him to collect the parking fee of taxi stand from 01.04.2015 to 31.03.2016. In pursuance of the same, petitioner started the collection of parking fee but meanwhile opposite party no.1 passed the order dated 16.04.2015 to restrain the entry of taxies in the limits of municipal area of the city for avoiding the traffic jams and the said order was implemented by the police. Due to the said act, the petitioner's daily collection of taxi stand was negligible as he was authorized to make collection only from the vehicles whose stand was under the limits of municipal area. In this regard, he pursued the matter before the authority concerned and on 24.04.2015 opposite party no.2 wrote a letter for restoring the old locations of taxi stand in the City but the same was of no avail. The petitioner could not deposit the second installment of the bid amount as the recovery of parting fee was affected badly.
Vide order dated 19.11.2015, opposite party no.2 cancelled the contract/license of taxi stand issued to the petitioner on the ground that the petitioner had not deposited the payment of installments.
Being aggrieved by the order dated 19.11.2015, petitioner filed Writ Petition No.11107 (MB) of 2015 in which interim order was passed on 08.12.2015 to the effect that after fulfilling the certain conditions, petitioner will be allowed to operate his contract upto 31.03.2016. He started the recovery but he deprived to make recovery for 17 days. Against the decision of change of location, petitioner also filed Writ petition No.6457 (MB) of 2015, which is still pending.
In order to get compensation, the petitioner has requested the opposite party no.2 to extend the date of contract, but the same was not accepted.
Hence, in view of the factual background, the writ petition has been filed before this Court.
After hearing learned counsel for the parties and going through the records, in the facts of the case, we are of the view that for the relief prayed for, the writ would not lie, however, the issue raised in the writ petition could be taken up and decided by the authority concerned.
Accordingly, the writ petition is disposed of with a direction to the petitioner to make a fresh representation to the opposite party no.2/Executive Officer, Nagar Palika Parishad, Gonda in respect to his grievances which he has raised in the present writ petition within a period of two weeks from the date of receiving a certified copy of this order and after receiving the same, the opposite party no.2 shall decide the same within a period of two weeks thereafter.
This Court has not adjudicated the claim of the petitioner on merit.
.
(Saurabh Lavania,J.) (Anil Kumar,J.)
Order Date :- 1.8.2019/Mahesh
