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2025 DAILYLAW 12228 (UTT)

M/S ADARSH ENTERPRISES v. UTTARAKHAND RENEWABLE ENERGY DEVELOPMENT AGENCY

WPMB/489/2024 · 2025-07-29

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:6614-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 29TH JULY, 2025 WRIT PETITION (M/B) No. 489 OF 2024 M/s Adarsh Enterprises. …Petitioner Versus Uttarakhand Renewable Energy Development Agency and others. …Respondents Counsel for the petitioner. : Mr. Arvind Kumar Sharma, learned counsel. Counsel for respondent nos. 1 & 3. : Mr. Rohit Arora, learned counsel. Counsel for respondent nos. 2 & 5. : Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Heard the learned counsel for the petitioner, and the learned counsel for respondent nos. 1 & 3. 2. Learned counsel for respondent nos. 1 & 3 submits that the work, under the subject tender, has already been completed, i.e. installation of 1kw Solar Power Plant. In that view, he would submit that the instant Writ Petition has rendered infructuous. 3. Submission of learned counsel for respondent nos. 1 & 3 is placed on record. 4. Learned counsel for the petitioner would submit that the deposits made by the petitioner are with the 1 2025:UHC:6614-DB respondents and have not been refunded; and that on account of illegal action of the respondents, he has suffered losses, which require to be compensated. 5. In that view of the matter, we are of the considered opinion that the instant Writ Petition could be disposed of by directing the respondents to refund any deposit made with them by the petitioner, if not already refunded, within one week. That apart, in the event the petitioner is aggrieved, and is of the opinion that the award of contract to the third respondent has resulted in any loss, it is open for the petitioner to approach the Civil Court, and institute appropriate proceedings, seeking for damage/ compensation. 6. With the above observations, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 29th July, 2025 Rahul 2 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e6 6e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A1 92FCAD15C390A1AAD7B39857D2540AE4C28 A4898, cn=RAHUL PRAJAPATI Date: 2025.07.31 11:26:24 +05'30'