M/S Uttarakhand High Tech Nursery ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

M/S Uttarakhand High Tech Nursery ... vs State Of Uttarakhand And Others on 24 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
                    Writ Petition No. 528 of 2025 (M/S)

M/S Uttarakhand High Tech Nursery Banpur ...Petitioner

                                            Vs.

State of Uttarakhand and others                          ........ Respondents
Present :       Mr. Birendra Singh Adhikari, Advocate for the petitioner.
                Mr. Devendra Pant, Standing Counsel for the State/respondents.

                                      JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner seeks

the following reliefs:-

"(i) to issue a writ, order or direction in the nature of certiorari quashing of the impugned allotment cancellation order dated 7th February 2025 passed by the Director Horticulture i.e. respondent no.2 (Annexure No.4) to the instant writ petition.

(ii) to issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for supplying the plants in pursuance to the allotment orders dated 07/01/2025 as well as 22/01/2025 issued to the petitioner.

(iii) to issue a writ, order or direction which this Hon'ble court may deem fit, just and proper in the circumstances of the case as also in the interest of justice.

(iv) allow the writ petition with costs."

2. Heard learned counsel for the parties and perused the

record.

3. It is the case of the petitioner that the respondents-

authorities had once agreed to purchase plants and trees from the

petitioner's nursery, which were to be supplied in the entire State.

The petitioner did supply also. But suddenly, by the impugned

order dated 07.02.2025, which is Annexure No.4 to the writ

petition, allotment has been cancelled.

4. If respondents had once agreed to purchase plants and

trees and now, they are not willing to do so, perhaps it may not give

rise a cause to file a writ petition.

5. During the course of arguments, learned counsel for

the petitioner would submit that at least the respondents should

pay the price of those plants which had been supplied by the

petitioner. For it, the petitioner may very well approach the

respondents and even if it is not paid and disputed, he is free to file

a civil suit. But, for the relief sought, this Court does not see any

reason to entertain the instant petition. Accordingly, the petition

deserves to be dismissed at the stage of admission itself.

6. The petition is dismissed in limine.

(Ravindra Maithani, J.) 24.02.2025 Sanjay