WPMS/738/2021
2021 Latest Caselaw 1126 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
            ON THE 24th DAY OF MARCH, 2021
                          BEFORE:
         HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          WRIT PETITION (M/S) NO. 738 OF 2021


BETWEEN:
     Bhuwan C Bhatt & others.                 ......Petitioners
     (By Ms. Shruti Joshi Tiwari, Advocate)

AND:
     State of Uttarakhand & others            .....Respondents
     (By Mr. Vinod Nautiyal, Deputy Advocate General for the
     State of Uttarakhand/respondent no. 1 & Mr. Yogesh
     Pandey, Advocate for respondent nos. 2 to 4)

                        JUDGMENT

According to the petitioners, they were granted contract for running canteen within the premises of Krishi Utpadan Mandi Samiti, Haldwani. The said contract was for a period of one year, which is going to expire on 31.03.2021.

2. Grievance of the petitioners, as raised in the writ petition, is that due to lockdown, petitioners could not run the canteen for complete one year, although, they had paid the premium for running the canteen for full one year.

3. This submission has however been disputed by learned counsel appearing for respondent nos. 2 to 4.

4. By means of this writ petition, petitioners have sought following reliefs:

"A. Issue a writ, order or direction in the nature of certiorari quashing the tender notice dated 10-03-2021 published by the respondents No. 2 and 3 by overlooking the grievances of petitioners due to Global Pandemic COVID-19.

B. Issue a writ, order or direction in the nature of Mandamus directing the respondents to extend the term of petitioners (Canteen holders) for running canteens in the premise of Naveen Mandi, Haldwani, Nainital for the period of minimum 3 months and maximum 1 year, on the humitarian ground.

C. Issue a writ, order or direction in the nature of Mandamus directing the respondents to invite e-tenders after the extended period of the canteens as prayed above, to maintain transparency in allotment of the canteens."

5. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to petitioners to make representation(s) to Competent Authority, within twenty four hours from today. If such representation is made within stipulated time, Competent Authority shall look into the matter and pass appropriate order, in accordance with law, within one week from the date of receipt of representation(s) along with certified copy of this order.

6. For a period of one week or till decision is taken on petitioners' representation(s), whichever is earlier, status quo as of today, shall be maintained.

7. It is made clear that if petitioners fail to make representation(s), then they will not be entitled to benefit of this order.

8. Let a certified copy of this order be issued today itself

(MANOJ KUMAR TIWARI, J.) Navin