Neutral Citation No. - 2025:AHC-LKO:36875-DB Court No. - 2 Case :- WRIT - C No. - 6044 of 2025 Petitioner :- M/S Maa Rakt Dantika Contractors And Suppliers Private Limited Thru. Director Ankit Gupta Respondent :- State Of U.P. Thru. Chief Secy. Panchayati Raj Anubhag-2 Lko. And 5 Others Counsel for Petitioner :- Saurabh Pathak,Sharad Pathak Counsel for Respondent :- C.S.C.,Abhishek Tiwari Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnamas of Mr. Abhishek Tiwari, learned Advocate on behalf of opposite party no. 5 and Mr. Pankaj Kumar Dixit, learned Advocate on behalf of opposite party no. 6 filed today in Court are taken on record. 2. Heard. 3. The petitioner has filed this petition seeking following reliefs: "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 05.06.2025 and 09.06.2025, passed by the opposite party no 1 and 3 respectively as well as consequential E-auction Notifications (i) dated 08.06.2025, issued by the Zila Panchayat, Chitrakoot (ii) dated 10.06.2025 issued by the Zila Panchayat, Hamirpur and, (iii) dated 11.06.2025 issued by the Zila Panchayat, Mahob ad for collection of Minor Minerals Transportation Fees for remaining period of financial year 2025-26, contained as Annexure Nos 1, 2, 3, 4 & 5 to this writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to first upload the list of defaulters of all the Zila Panchayat's of State of U.P. in each Zila Panchayat, and thereafter complete the process of tender for collection of Minor Minerals Transportation Fees for remaining period of financial year 2025-26, without allowing any defaulter to participate in any Zila Panchayat of State of Uttar Pradesh. iii. Issue, any other writ, order or direction, in favour of the petitioner, as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice or else, the petitioner shall suffer irreparably. iv. Award the cost in favour of petitioner" 4. We have perused our order dated 26.05.2025 passed in Writ C No. 4866 of 2025 which reads as under: "Vakalatnama filed by Shri Abhishek Tiwari, Advocate on behalf of the opposite parties no. 3 & 4 is taken on record. Short counter affidavit filed on behalf of the opposite party no. 1 is taken on record. Heard. Let counter affidavit be filed by the opposite parties within a period of four weeks. Two weeks thereafter shall be available to the petitioner for filing rejoinder affidavit. List thereafter. After arguing the matter at length, Shri Kuldeep Tripathi, learned Additional Advocate General submitted that statutory bye-laws dated 18.04.1998 will be followed in letter and spirit. Learned Counsel for the petitioner pointed out three provisions in the said bye-laws i.e. 5.1, 5.2 & 5.6. Provision 5.1 is with regard to solvency certificate about which there is no mention in Annexure No. 2. Provision 5.2 is with regard to defaulters not being allowed to participate in the auction about which there is no mention in Annexure No. 2, which has been issued by Zila Panchayat, Jalaun. Provision 5.6 is with regard to fixation of minimum bid price. It is also informed by the petitioner's Counsel that as per Rule 21 of the U.P. Kshetra Panchayat & Zila Panchayat Work Rules, 2021 (hereinafter referred to as 'the Rules, 2021'), 21 days tender notice is required for submitting the bids. We find that we have reached the same stage where we were when we passed the order dated 07.02.2025 in Writ C No. 1083 of 2025 and had passed an interim order. Nevertheless, in view of the submissions of Shri Kuldeep Tripathi, learned Additional Advocate General, as an interim measure it is provided that the statutory bye-laws dated 18.04.1998 will be complied stricto sensuo including Paragraph 5(1), Paragraph 5(2), Paragraph 5(6) and the list of defaulters shall be uploaded on the website of every Zila Panchayat including Zila Panchayat, Jalaun within a reasonable time. Rule 21 of the aforesaid Rules, 2021 shall also be adhered. The aforesaid shall be complied, and only thereafter, the tender process can be initiated. We fail to understand as to why, everytime, the same follies are being committed. It gives an impression as if, the concerned opposite parties do not want to initiate the fresh tender process as per law, otherwise, it is inexplicable as to why they after giving a statement that they will follow the old bye-laws are not following it. The said statement was given in another writ petition bearing Writ C No. 2939 of 2025 on 02.04.2025, and the matter was got disposed of. Any process of tender initiated in violation of the aforesaid statutory bye-laws cannot be proceeded nor concluded, but it will be open for the opposite parties to initiate fresh tender process. The reason we have ordered for uploading list of defaulters in all the Zila Panchayat's in State of U.P. is that it is quite possible that a person may not be a defaulter in district - Jalaun, but there may be others who may be participating therein and who may be defaulters in their own districts or other districts. If any person participates in the tender process pertaining to Zila Panchayat, Jalaun but is a resident of some other district, then he should be asked to furnish a certificate from the Zila Panchayat of the other district that he is not a defaulter therein. This is the only way compliance of Paragraph 5(2) of the statutory bye-laws, as applicable to Zila Panchayat - Jalaun, can be ensured, and this fact should be got verified by the Zila Panchayat before settling the tender process in favour of any bidder. State shall ensure compliance of the aforesaid." 5. The said writ petition is still pending. 6. We have perused the impugned Government Order dated 05.06.2025 (digitally signed on 03.06.2025). Para 4 of it reads as under: "4. इस सम्बन्ध मम ममुझझे यह कहनझे कका ननदझेश हहआ हहै नक मका० उच्च न्यकायकालय दकारका पकाररत उपयमुरक्त आदझेश नदनकानांक 26.05.2025 एवनां नदनकानांक 27.05.2025 कझे अनमुपकालन मम जजिलका पनांचकायततों मम खननजि पररवहन शमुल्क ककी ननीलकामनी (ऑक्शन) कझे सम्बन्ध मम ननम्नवतत् ककायरवकाहनी नकयका जिकानका समुननशशचत करम- 1. जजिलका पनांचकायततों दकारका आमनांनत्रित ननीलकामनी ककी ससूचनका मम उनल्लिजखत बककायझेदकारतों ककी ससूचनी पपोररल पर अननवकायर रूप सझे अपलपोड करकायनी जिकाय। जिब तक ऐसनी ससूचनी पपोररल पर अपलपोड न करकायनी गयनी हपो तब तक खनन पररवहन ननीलकामनी ककी प्रनक्रियका कपो सम्पन्न न नकयका जिकाय। यनद आवशयक हपो तपो corrigendum कझे मकाध्यम सझे ससूचनी कपो पपोररल पर अपलपोड कर ननीलकामनी प्रनक्रियका मम पयकारप्त समय ककी ववृ नद्धि ककी जिकाय। 2. जजिलका पनांचकायत दकारका आमनांनत्रित ननीलकामनी मम यनद प्रदझेश कझे नकसनी अन्य जिनपद ककी फमर/ठझेकझे दकार दकारका प्रनतभकाग नकयका जिकातका हहै तपो उस फमर /ठझेकझे दकार सझे सम्बशन्धत जिनपद ककी जजिलका पनांचकायत मम बककायझेदकार न हपोनझे कका प्रमकाण पत्रि जलयका जिकाय। 3. ननीलकामनी पनक्रियका मम जजिलका पनांचकायत मम प्रचजलत उपनवजध कका अक्षरशशः अनमुपकालन समुननशशचत नकयका जिकाय।" 7. Apparently, Para 4 of the Government Order is in tune with the order dated 26.05.2025 and there is no illegality therein. In the Zila Panchayats where a tender process has been initiated for settlement of rights for collection of transportation fee of minerals the Zila Panchayats would upload the list of defaulters and in Districts where such process has not been initiated, if anyone belonging to the said District participates in such tender process in another district, he will have to submit no dues certificate from the concerned Zila Panchayat i.e. the Zila Panchayat where no such tender process has been initiated. 8. We do not find any illegality in the Government Order dated 05.06.2025. 9. As regards other grievances of the petitioner relating to the schedule of deposit of money for the purposes of tender process, the same is not subject matter of this writ petition as is evident from the relief clause quoted hereinabove. 10. We are, therefore, not inclined to interfere with the Government Order dated 05.06.2025. 11. If the petitioner has any other grievance with regard to tender process initiated by the Zila Panchayat, Chitrakoot, Zila Panchayat, Hamirpur and Zila Panchayat, Mahoba which is unrelated to this petition, he can raise the same before the Zila Panchayat concerned or before the Director, Panchayat Raj who may look into the matter in the light of the earlier orders passed by this Court or the petitioner can approach this Court at Allahabad as this Court at Lucknow will not have the jurisdiction in such matters. 12. The writ petition is disposed of with aforesaid liberty. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 1.7.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench