ASHIRWAD AGARWAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition is filed assailing the permission / order dated 19.02.2014 Annexure no. 11 to the writ petition passed by Secretary, Department of Panchayati Raj, State of Uttarakhand as well as order dated 04.03.2014 issued by Upper Mukhya Adhikari, District Board, Udham Singh Nagar whereby period of contract to the recover the parking and ladaan /dhulaan fee was extended for period of two years i.e. 2014-15 & 2015-16 and further seeking writ of mandamus commanding the respondent no. 3 to invite fresh tender for grant of contract of collection of parking as well as ladaan/dhulaan fee.

(2.) Undisputed facts of the present case, inter alia, are that earlier tenders were invited vide public notification dated 13.03.2012 for grant of contract to collect parking and ladaan / dhulaan fee for the assessment year 2012-13 i.e. only for one year; due to imposition of code of conduct, no contract could be awarded and ultimately, fresh tender notice was issued on 19.09.2012 Annexure CA-1 of the counter affidavit of respondent no. 4, inviting tenders for grant of contract for recovery of parking as well as ladaan / dhulaan fee for a period till 31.03.2014; bids were to be submitted on or before 28.09.2012 and were to be opened on the same day; as per the condition of the tender notification, Annexure CA-1 of the counter affidavit of respondent no. 4, bidders were required to check all other terms and conditions of the tender/contract on any working day in the office of the Zila Panchayat; respondent no. 4 was awarded contract for the period from 01.12.2012 to 31.03.2014; on the request of the Zila Panchayat, State Government was pleased to accord the approval for the extension of the contract by order dated 04.03.2014; Consequently, contract was extended for the assessment year 2014-15 and 2015-16 vide impugned order dated 04.03.2014. Feeling aggrieved, petitioner has preferred present writ petition.

(3.) I have heard Mr. Pankaj Miglani, learned counsel for the petitioner, Mr. R.C. Arya, learned Standing Counsel for the State/respondent nos. 1 and 2, Mr. N.S. Pundir, learned counsel for the respondent no. 3 and Mr. Sharad Sharma, learned Senior Counsel assisted by Ms. Indu Sharma, learned counsel for the respondent no. 4 and have carefully perused the record.