JAVED Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the directions contained in the communication dated 11.2.2005 sent by the Principal Secretary, Government of U.P. to the Divisional Commissioners/District Magistrates and for a direction to the Nagar Palika Parishad, Khatauli, district Muzaffarnagar to execute the agreement of Tehbazari for the year 2005-2006 in favour of the petitioner.

(2.) The petitioner has brought on record the communication dated 11.2.2005 sent by the Principal Secretary. Government of U.P. It has been pointed out that the State Government after a careful consideration has taken a decision that the yearly contracts of Tehbazari for Nagar Palika Parishad/Nagar Panchayats should be stopped and that the same should be collected through their own officers. This policy is being sought to be challenged on the ground that the State Government had no power to regulate the procedure of collection of Tehbazari.

(3.) We have heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1 and 2.