MAANAV SEVA EVAM PARYAVARAN SANSTHAN v. NAINITAL LAKE SPECIAL AREA DEVELOPMENT AUTHORITY
WPMS/2933/2025 · 2025-10-17
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12439 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12439 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9370 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2933/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Pankaj Singh Chauhan, Advocate for the petitioner. Mr. Sandeep Kothari, Advocate for respondent No. 1. Mr. Ajay Singh Bisht, Advocate for respondent No. 2.
2. Petitioner has challenged the Notification issued by Nagar Palika Parishad, Nainital on 06.10.2025, whereby sealed bids were invited for operation of public toilets in Public Private Partnership (P.P.P.) mode.
3. Petitioner contends that since he is running and maintaining those public toilets pursuant to an agreement entered into between him and Lake Development Authority, in the year 2005-2006, therefore, without terminating said agreement, respondents cannot invite fresh bids for running and maintaining those public toilets.
4.
Learned counsel for petitioner submits that contract for running and maintaining was terminated by Secretary, Lake Development Authority in 2014, against which a writ petition was filed before this Court which was dismissed on the ground because of arbitration clause in the Agreement and now the dispute is in Arbitration.
5. Per contra, learned counsels appearing for respondents submit that contract of running and
2025:UHC:9370 maintaining public toilets was awarded to petitioner for ten years only and that period came to an end in 2015-16; petitioner is running and maintaining public toilets without any authority and there are complaints that public toilets are not properly maintained.
6. They further point out that petitioner had moved an application under Section 9 of Arbitration and Conciliation Act, 1996 before Commercial Court, Dehradun, which is pending there and petitioner has not invoked arbitration clause, therefore the contention that dispute is with the arbitrator, is incorrect.
7. This Court do not find any reason to interfere in the matter.
8. Since contract was awarded to petitioner for a period of ten years only, and said period is over long back, therefore, relief as claimed by the petitioner cannot be granted. The challenge to the expression of interest invited by Nagar Palika Parishad is devoid of merit.
9. The writ petition fails and is dismissed.
10. Pending application (s), if any, stand
disposed of.
(Manoj Kumar Tiwari, J.) 17.10.2025 Mahinder/
2025:UHC:9370