WPMS/1060/2021
2021 Latest Caselaw 1848 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
            ON THE 11THDAY OF JUNE, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

           Writ Petition (M/S) No. 1060 of 2021


BETWEEN:
      M/s B.K. Industries                            ....Petitioner

AND:
      State of Uttarakhand & others                 .....Respondents
      (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of Uttarakhand
      and Mr. Pankaj Purohit, learned counsel for Nagar Palika Parishad)



                           JUDGMENT

1. Heard learned counsel for the parties through video conferencing.

2. Petitioner is a Small Scale Industrial Unit, which is registered under MSME Act, 2006.

3. By means of this writ petition, petitioner has sought following reliefs:

"i) To issue a Writ, order or direction in the nature of 'Mandamus' by directing and commanding the commanding the respondent no. 3 to allow the petitioner to in compliance of the Government Order No. 261/VII-2- 14/143-Udyog/2003 dated 19-03-2014 (Annexure no. 2) and to provide all the necessary preferential benefits to the petitioner as per the rules framed in pursuance of the above stated Government Order.

ii) To issue a Writ, order or direction in the nature of 'Mandamus' by directing and commanding the commanding the respondent no. 2 for compliance of the rules framed vide the Government Order dated 19-03- 2014 (Annexure no. 2) for all Municipal Corporations and Nagar Palika Parishad in the State of Uttarakhand.

iii) To issue a Writ, order or direction in the nature of 'Mandamus' by directing and commanding the commanding the respondent no. 2 to direct the respondent no. 3 to provide preferential benefits to the

petitioner in compliance of the letter no. 50/1408/2015 dated 07-04-2016."

4. After arguing for a while, learned counsel for the petitioner submits that petitioner has made a representation to respondent no. 3 (annexure no. 7 to the writ petition), but no decision has been taken thereupon so far. He, therefore, confines his prayer and submits that necessary direction be issued to the Competent Authority in Nagar Palika Parishad, Chinyali Saur, District Uttarkashi to decide his representation (annexure no. 7 to the writ petition) expeditiously.

5. Learned counsel appearing for respondent no. 3 submits that although tender have not been invited as yet by respondent no. 3, however, if petitioner has made any such representation, the same shall be decided expeditiously.

6. Accordingly, the writ petition is disposed of with a direction to respondent no. 3 to decide petitioner's representation (annexure no. 7 to the writ petition), in accordance with law, within six weeks from the date of production of certified copy of this order along with copy of representation.

(MANOJ KUMAR TIWARI, J.) Aswal