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RAVINDRA KUMAR CHAUHAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ravindra Kumar Chauhan v. State Of U.P. & Others - WRIT - C No. 15972 of 2007 [2007] RD-AH 5856 (2 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the Sahayak Nagar Ayukt to either refund the bid amount or extend the term of the contract to collect Tehbazari for a period of nine months.

It has been stated in the petition that the petitioner was given a contract to collect Tehbazari for a period of one year from 1.4.2006 to 31.3.2007 but subsequently a letter dated 20.6.2006 was sent to the petitioner that the agreement was cancelled in view of the policy of the State Government to discontinue with the system of Tehbazari. The petitioner filed a writ petition in this Court which was allowed by means of the judgment and order dated 20.9.2006 and a direction was issued to the respondents not to interfere with the right of the petitioner to collect Tehbazari till 31.12.2006 unless "agreement" in his favour is terminated earlier in accordance with law.

The contention of the petitioner in the present petition is that he could not collect Tehbazari and, therefore, either amount may be refunded to him or the period of contract be extended. We are afraid that such a direction cannot be issued while exercising our jurisdiction under Article 226 of the Constitution. The petitioner, if so advised, may file a suit for damages.

The writ petition is, accordingly, dismissed.

Dt/- 2.4.2007

Sharma/15972


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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