M/S Maa Kaali Tyres vs State Of U.P. And Another
2023 Latest Caselaw 16819 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:117981-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 16926 of 2023
 

 
Petitioner :- M/S Maa Kaali Tyres
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- P.H. Vashishtha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anish Kumar Gupta,J.

1. Heard learned counsel for the petitioner and the learned standing counsel for the State - respondents.

2. On 19.05.2023, this Court passed the following order :

"1. Heard Shri Shishir Chandra, learned counsel for the petitioner and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents.

2. This writ petition has been filed praying for the following reliefs;

"i) issue a writ order or direction in the nature of certiorari, to quash the impugned tender notice/advertisement dated 04.02.2023; issued by respondent No.2; in so far as it pertains to notifying bids for settlement of Gata No.337 mi & 431mi (Khand No.4); ad- measuring 12.00 Hect; situated in Village Kanwara, Tehsil Banda of District Banda ( as contained in Annexure No.1) in so far as it relates to area already allotted in favour of the petitioner vide lease deed dated 7.03.2020 which stands revived as a consequence of order dated 14.02.2023 passed by this Hon'ble Court in Writ-C No.4229 of 2022 [Re. M/s Maa Kali Tyres Thru. its Proprietor, Dalpat Singh].

ii) issue a writ order or direction in the nature of mandamus commanding respondent no.2 not to proceed further in respect of tender notice/ advertisement dated 14.02.2023 notifying bids for settlement of Gata No.337mi & 431 mi (Khand No.4); ad-measuring 12.00 Hect; situated in Village Kanwara, Tehsil Banda of District Banda."

3. The reliefs sought by the petitioner, requires the respondents to justify their action.

4. Considering the facts and circumstances of the case and also considering the fact, as appeared from the instructions received by the learned Additional Chief Standing Counsel that the respondents are going to grant lease of the areas in question to some other persons which may create further litigation, we direct both the respondents to file their counter affidavit within five days. Petitioner shall have two days thereafter to file rejoinder affidavit.

5. List/put up as a fresh case on 26.05.2023."

3. A rejoinder affidavit filed today by the petitioner, is taken on record.

4. In paragraphs 12 and 13 of the counter affidavit, respondents have stated as under :

"12. That in compliance of judgment and order dated 14.02.2023 passed by this Hon'ble Court in petitioner's writ petition, the proceeding pursuant to e-tender notice dated 04.02.2023 is stopped with respect to mining block in question of petitioner.

13. That the proceedings for disposal of representation dated 25.03.2021 and 24.04.2023 submitted by petitioner is under process. After disposal of petitioner's representation dated 25.03.2021 and 24.04.2023, further steps with regard to tender in question dated 04.02.2023 with respect to mining block in question will be taken in accordance with law."

5. In paragraph 10 of the rejoinder affidavit the petitioner has stated that in terms of the statement made in paragraphs 12 to 14 of the counter affidavit, this writ petition may be disposed of.

6. In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of in terms of the aforequoted averments made in the paragraphs 12 and 13 of the counter affidavit.

Order Date :- 26.5.2023/vkg