WPMS/845/2021
2021 Latest Caselaw 2356 UK

     IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
              ON THE 12TH DAY OF JULY, 2021
                                  BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 845 of 2021

 BETWEEN:
       Islam                                                  .....Petitioner
       (By Mohd. Alauddin, Advocate)


 AND:
       Joint Magistrate/Sub Divisional
       Magistrate Roorkee & others                       .....Respondents
       (By   Mr.   Pradeep    Hairiya,   Standing   Counsel   for   the   State   of
       Uttarakhnd/respondent no.1 & Mr. T.A. Khan, Senior Advocate,
       assisted by Mr. Ahrar Baig, Advocate for respondent nos. 2 & 3.)



                               JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

"i) Issue a writ, order or direction in the nature of certiorarified mandamus, calling for the entire record pertaining to the e-tendering notice dated 19-03- 2021 (Annexure No. 7 to this writ petition) issued by the respondent no. 3 and thereafter to quash the impugned e-tender notice only in respect to the contract of shop no. 5, which belongs to the respondent no. 4 in view of in view of Section 29B of U.P. Municipalities Act, 1916.

ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 1, 2 & 3 to not induct any third party in shop no. 5, which is given to the respondent no. 5 on monthly rent, till decision of the respondent no. 4, which is pending in pursuance to the order dated 15- 12-2020 passed by this Hon'ble Court in WPMS No. 2326 of 2020, Islam v. Joint Magistrate/ Sub Divisional Magistrate Roorkee & others (Annexure No. 6 to this writ petition)."

3. After arguing for a while, learned counsel for the petitioner submits that petitioner has made representation to the Executive Officer, Nagar Panchayat, Piran Kaliyar, Tehsil Roorkee, District Haridwar in the month of December, 2020; but, no decision has been taken thereupon. He, therefore, confines his prayer and submits that the Executive Officer be asked to take decision on the aforesaid representation.

4. Prayer made is innocuous, therefore, is worth accepting.

5. Accordingly, the writ petition is disposed of with a direction to the Executive Officer, Nagar Panchayat, Piran Kaliyar, Tehsil Roorkee, District Haridwar to decide petitioner's representation, if any, in accordance with law, as early as possible, but not later than ten days from the date of production of certified copy of this order along with copy of representation.

(MANOJ KUMAR TIWARI, J.) Navin