VISHESH ENTERPRISES Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) The petitioner before this Court was given a contract in the lake city of Nainital (which is a Seat of the High Court of Uttarakhand) for collecting parking fee at Flats Parking (DSA Parking) for the year 2019-20.

(2.) Normally this contract is given each year for a period of twelve months. This contract, however, was given to the petitioner from 01.06.2019 to 31.03.2020 for a period of about nine months. At the time, when this contract was running, an order has been passed by the District Magistrate under the purported exercise of powers under sub-section (1A) of Section 34 of the Uttarakhand Municipalities Act, 1916 (from hereinafter referred to as the "Act"). Sub-section (1A) of Section 34 of the Act reads as under:-

(3.) The orders passed by the District Magistrate under the above provisions of law have been perused by the Court. The said order of the District Magistrate refers to a complaint which he had received from Mr. Arun Kumar Shah, who is retired Assistant Director, Intelligence Bureau, Government of India. This complaint was made on 13.08.2019 against the present petitioner stating that he is not abiding with the terms and conditions of the contract executed between him and the Nagar Palika Parishad, Nainital, inasmuch as he is not giving computerized receipts to the vehicle owners/drivers which enter Mall Road from Tallital. There is also no mention of date and time when the vehicle has entered and as a result of which, the petitioner is causing loss of lakhs of rupees to the Nagar Palika. On the basis of this complaint, the District Magistrate constitutes a committee to inquire into the allegations. The Committee comprises of the Additional District Magistrate (Finance and Revenue), Nainital, the Treasurer, Nainital and the Chief Agriculture Officer. The Committee, according to the District Magistrate, has confirmed that anomalies are going on at the hands of the petitioner, and consequently the District Magistrate has passed the order dated 07.10.2019, directing the Nagar Palika to cancel the contract of the petitioner.