JANAK DEV CHARITABLE SOCIETY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this writ petition filed under Article 226 of the Constitution of India, a prayer has been made to issue a writ in the nature of certiorari to quash the order dtd. 7/9/2024, passed by respondent no.2, whereby the agreement entered with the petitioner- Society has been terminated and petitioner-Society was directed to deposit the remaining dues and handover the possession of toilets to the respondent-Nagar Nigam.

(3.) Facts necessary to adjudicate the controversy in hand are that under the Namami Gange Yojana around 100 toilets were constructed in District Haridwar, out of which, for two toilets, petitioner-Society was given the management. The term of petitioner-Society was extended by letter dtd. 16/6/2023. Since the tenders floated by respondent no.2 could not be successful, petitioner-Society continued to maintain these toilets. Thereafter, on 16/3/2024, respondent no.2 issued a letter to the petitioner for extension of management for a period of six months. However, by the impugned order dtd. 7/9/2024 issued by respondent no.2, the agreement entered into between the respondent no.2 and the petitioner-Society was terminated and the petitioner was directed to deposit the remaining dues and to ensure handing over the possession of the toilets of the respondents by the due date. Hence, this writ petition.