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Neutral Citation No. - 2025:AHC:52084-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 225 of 2025 Petitioner :- Smt. Hemwanti Devi Respondent :- State of U.P. and 6 others Counsel for Petitioner :- Vinay Kumar Mishra, Alok Yadav Counsel for Respondent :- C.S.C., Anil Tiwari (Sr. Adv.) with Diwakar Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition, in public interest, has been filed by the petitioner, inter alia, questioning the tender notifications dated 29.11.2024 and 24.12.2024 (Annexure -1 to the writ petition). 2. Submissions were made that the respondents - Zila Panchayat has issued tenders wroth Rs. 2663.70 lacs, whereas it only has about Rs. 8.88 crores with it and, therefore, the action of the Zila Panchayat is ex-facie contrary to its resources and, therefore, it be restrained from issuing the tenders pursuant to the tender notice. 3. By order dated 19.02.2025, time was granted to counsel for the Zila Panchayat to obtain instructions whether the Zila Panchayat is prepared to scale down the said tenders to the extent of the amount available with it. 4. A counter affidavit has been filed, inter alia, questioning the credentials of the petitioner with the submissions that the petitioner herself is an elected member of the Zila Panchayat and only out of political rivalry, the petition has been filed to stop the respondents from undertaking the development work. Qua the allegations made, a chart has been produced as Annexure CA-10 inter alia indicating availability of the funds for undertaking the requisite activity and the chart produced by the petitioner alongwith
supplementary affidavit has been questioned. 5. After hearing counsel for the parties, we are of the firm view that the action sought to be taken by the respondents - Zila Panchayat by issuing the tender essentially pertains to development activity and as has been claimed by filing the counter affidavit, which is duly sworn by Upper Mukhya Adhikari, Zila Panchayat, Ballia, a Government servant regarding the availability of the requisite funds, we do not find any reason to entertain the petition, as filed by the petitioner. 6. In so far as the plea raised pertaining to the respondents seeking to undertake expenses or development work beyond its means is concerned, for the said purpose, the petitioner would be free to approach competent authority in accordance with law. 7. With the above observations, the petition stands disposed of.
Order Date :- 9.4.2025 SL/nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad