NAUSHAD Vs. UTTARAKHAND WAQF BOARD

JUDGEMENT

(1.) Despite grant of opportunity, as early as on 24/6/2022, only one counter-affidavit on behalf of respondent Nos. 3 to 5, i.e., the Administrator, Waqf Dargah Piran Kaliyar Shariff; the Joint Magistrate / S.D.M., Roorkee, District Haridwar; and, Tehsildar, Roorkee, District Haridwar, has been filed. No counteraffidavit has been filed on behalf of respondent Nos. 1 and 2, i.e., the Uttarakhand Waqf Board, and the Waqf Dargah Piran Kaliyar Shariff, Roorkee.

(2.) We have heard learned counsels, and proceed to dispose of the petition.

(3.) The petitioner had participated in an open tender issued in respect of shop No. 1, located at Nakkar Khana, Waqf Dargah Hazrat Sabir Pak Area, Kaliyar, Roorkee, in respect thereof license was offered to operate the business of selling ilaichi dana, chadar, agarbatti, itra and flowers etc. The advertisement was issued on 21/4/2022 by the Joint Magistrate, Roorkee. The petitioner participated in response to this tender, and his technical bid was accepted on 4/5/2022. On opening of the financial bid on 9/5/2022, the petitioner's bid was found to be the highest. Vide Office Order No. 723, he was directed to deposit 50% of the rent as advance, and 5% as performance security within seven days from the date of the said order. The petitioner complied with the said order, and deposited 50% advance rent, along with 5% performance security, totaling Rs.96,80,920.00. The order issued by the Joint Magistrate on 9/5/2022, required the Tehsildar, Roorkee, to verify the solvency certificate produced by the petitioner, which certified the solvency of the petitioner to the tune of Rs.68,53,539.00.