JAI PRAKASH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
WRIC/4880/2025 · 2025-02-18
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19294 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19294 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:23798-DB Court No. - 3 Case :- WRIT - C No. - 4880 of 2025 Petitioner :- Jai Prakash And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jitendra Pal Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel.
2. The petitioner is aggrieved because the respondent No. 6 has been authorized by the Zila Panchayat, Ballia to collect the fee payable to transportation of minor minerals.
3. The only contention of learned counsel for the petitioner is that this right has been granted to the sixth respondent without resorting to any tender process and therefore, the sixth respondent is not an authorized person and cannot recover any fee from the petitioner.
4. On a pointed query by the Court, learned counsel for the petitioner admits his liability to pay fee charged ostensibly on behalf of the Zila Panchayat, Ballia.
5. From a perusal of the order, Annexure No. 3, which grants permission to the sixth respondent to collect fee, it transpires that it is for the limited period from 4th January, 2025 to 31st March, 2025 only and is manifestly a stop-gap arrangement.
6. Any tender process adopted for such a short period not only entails time for publishing the tender granting time to the prospective tenderers to furnish their bids and thereafter, to finalize them.
7. Under the circumstances, the process may involve at least three weeks' time and it stands to be the reason, that till such time, the tender is finalized, the collection of fees due to the Zila Panchayat will stand hampered.
8. In view of the afore-noted factual background, we do not find it a fit case for interference.
9. The writ petition is therefore, dismissed.
10. Let this order be communicated to respondent No. 5 by Registrar (Compliance). Order Date :- 19.2.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad