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2025 DAILYLAW 42405 (ALL)

SUPER BHOOT PURVA SAINIK SURAKCHHA SAMITI v. STATE OF U.P. AND 5 OTHERS

WRIC/13131/2025 · 2025-05-06

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73602-DB Court No. - 40 Case :- WRIT - C No. - 13131 of 2025 Petitioner :- Super Bhoot Purva Sainik Surakchha Samiti Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anurag Sharma,Avanish Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner; Sri Ayush Mishra, learned counsel appearing on behalf of respondent no.2 and learned Additional Chief Standing Counsel appearing on behalf of the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "i) Issue a writ, order or direction in the nature of certiorari to quash Circular No.249 MT/2025-66MT/2016 dated 22.01.2025 issued by respondent No.2 whereby the respondent Corporation has attached 19 Depots to the Technical Outsources and directed to terminate the existing contract of the petitioner. ii) Issue writ, order or direction of the nature of mandamus directing the respondent not to interfere/terminate tender agreement dated 20.02.2023 which is valid uptil 19.02.2026, agreement dated 13.03.2023 which is valid uptil 12.03.2026 and agreement dated 28.06.2023 which is valid uptil 27.06.2026 and to ensure payment as per the agreement dated 20.02.2023, 13.03.2023 and 28.06.2023 executed with the petitioner by the UPSRTC, iii) Issue any other writ, order or direction to which this Hon'ble Court may deem, fit, just and proper in the facts and circumstances of the case to meet the ends of justice. iv) Award cost of this writ petition to the petitioner." 3. Learned counsel appearing on behalf of respondent no.2 submits that though a circular has been issued on January 22, 2025, but no action has been taken in respect of the same against the petitioner, and accordingly, the writ petition filed by the petitioner is premature in nature as no cause of action has arisen till date. 4. We are at consensus ad idem with the submission of the learned counsel appearing on behalf of respondent no.2. Accordingly, the writ petition is disposed of with liberty granted to the petitioner to approach this Court once the cause of action arises against the petitioner. Order Date :- 7.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad