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2025 DAILYLAW 136296 (ALL)

M/S A.K. CONSTRUCTION AMBEDKAR NAGAR THRU. PROPRIETOR ASHOK KUMAR SINGH AND ANOTHER v. DISTT. MAGISTRATE, AMBEDKAR NAGAR, DISTT. AMBEDKAR NAGAR AND OTHERS

WRIC/3971/2025 · 2025-04-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24713-DB Court No. - 2 Case :- WRIT - C No. - 3971 of 2025 Petitioner :- M/S A.K. Construction Ambedkar Nagar Thru. Proprietor Ashok Kumar Singh And Another Respondent :- Distt. Magistrate, Ambedkar Nagar, Distt. Ambedkar Nagar And Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Ujagir Verma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioners had earlier approached this Court by means of Writ C No.2988/2025 (M/S A.K. Construction & Another Vs. District Magistrate Ambedkar Nagar and Others), which was disposed of on 28.03.2025 in the following terms:- "1. Heard. 2. The allegation of the petitioner is that as per note of Rule 21 of the U.P. Kshetra Samitis and Zila Parishad Work Rules, 1984, public notice of tenders shall prescribe reasonable time which shall not be less than three weeks after publication of notice to enable the tenderers to submit their tenders within the prescribed date but in violation of it only six days' time has been provided by the impugned tender notice dated 22.03.2025. 3. Let the application of the petitioner in this regard be considered and decided by a speaking order by opposite party no.2 within one week of submission of certified copy of this order. The order shall be communicated to the petitioner within the same period. 4. Accordingly, the petition is disposed of. " By means of the impugned order, the claim of the petitioners as noticed in the earlier order, quoted herein above, tender has been declined on the ground that in pursuance to the tender notice published on 22.03.2025, the petitioners had submitted more than ten tenders. Learned counsel for the Zila Panchayat says that infact 14 tenders were submitted on 29.03.2025 within the time prescribed by the notice dated 22.03.2025, a fact which has not been disclosed in this Writ Petition. On being confronted, learned counsel for the petitioners could not dispute the aforesaid factual position. In view of the above, this is not a fit case for interference at the behest of the petitioners. The petitioners are cautioned not to indulge in such tricks in future as it may entails serious consequences. Our order shall, however, not be understood as condoning any action in violation of the relevant rules but it is just that we are not inclined to interfere at the behest of the petitioners considering the aforesaid fact. The Writ Petition stands dismissed. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 30.4.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench