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2025 DAILYLAW 146535 (ALL)

MOHD.YUNUS v. NAGAR PALIKA PARISHAD UTRAULA, DISTRICT BALRAMPUR AND 2 OTHERS

WRIC/5947/2025 · 2025-06-23

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36019-DB Court No. - 2 Case :- WRIT - C No. - 5947 of 2025 Petitioner :- Mohd.Yunus Respondent :- Nagar Palika Parishad Utraula, District Balrampur And 2 Others Counsel for Petitioner :- Ambrish Kumar Dubey,Naqibullah Khan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Naqibullah Khan, learned counsel for the petitioner and learned Standing Counsel for the State- respondents. 2. The petitioner has challenged the tender notice dated 14.02.2025 passed by the Executive Officer, Nagar Palika Parishad, Utraula, Balrampur inviting the contractors. It has been submitted that the dispute pertaining to the fruit shop situated at Khasra No.4864/2, measuring 500 sq. feet is pending before the civil court since 2011 and no injunction has been granted in favour of the petitioner in the said suit. He has further submitted that a petition under Article 227 of the Constitution of India is pending in this Court numbered as Petition No.907 of 2023 for a direction to the trial court to conclude the suit proceeding, expeditiously. 3. It is in the aforesaid circumstances that the petitioner has prayed for quashing of the tender notice dated 14.02.2025. On a pointed query made to the petitioner with regard to the nexus between the appointment of a contractor as per the impugned tender to the fruit shop, no satisfactory explanation was forthcoming. Even a perusal of the tender notice dated 14.02.2025 indicates that the contractor is sought to be appointed to execute the work as stated in the annexure to the said tender which does not include demolition of the shop of the petitioner. 4. Accordingly, we do not find any ground or valid reason for interfering with the tender notice dated 14.02.2025. The suit filed by the petitioner pertaining to the shop is also pending. 5. In case, the petitioner apprehends that the respondents may proceed to demolish his fruit shop then he has adequate opportunity/remedy to move an appropriate application before the civil court in the pending suit before the court of competent jurisdiction. 6. For the aforesaid reason, we do not find any reason to entertain this petition or interfere with the tender notice dated 14.02.2025. 7. Accordingly, the petition is devoid of merit and is dismissed. Order Date :- 23.6.2025 *S.Chaurasia* (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench