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2025 DAILYLAW 4392 (UTT)

ARIF ANSARI v. STATE OF UTTARAKHAND

WPMB/88/2024 · 2025-03-06

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:1574-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMB No. 80 of 2024 With WPMB No. 88 of 2024 WPMB No. 188 of 2024 HON’BLE G. NARENDAR, C.J. HON’BLE ALOK MAHRA, J. Mr. Vinay Kumar, learned counsel for the petitioners in WPMB No. 188 of 2024, Mr. Abhijay Negi, learned counsel for the petitioner in WPMB No. 88 of 2024 and Mr. S.K. Mandal, learned counsel for the petitioner in WPMB No. 80 of 2024. 2. Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Suresh Chandra Bhatt, learned counsel for the respondent no. 5 in WPMB No. 188 of 2024. 4. The case of the petitioners in WPMB No. 188 of 2024 is that the officers and the successful tenderers have colluded, and prevented the sale of tender forms to 3rd parties; that the petitioner in WPMB No. 88 of 2024 was declared the successful bidder on account of the collusion and malpractice practised by the vested interest. 5. On a query, the learned counsel would submit that the contract was one for door to door collection of garbage, and that the contract was for a fixed period and that period has now got over. 2025:UHC:1574-DB 6. In that view, we are of the opinion that this Court, instead of holding a roving inquiry, interest of justice would be better served, if the parties are given liberty to approach the jurisdictional Magistrate Courts by way of a complaint under Section 200 Cr.P.C. or the corresponding section under the BNSS, 2023. 7. The writ petitions are disposed of, without expressing any opinion on the claims of the parties. 8. In the event, any such complaint is made, the Jurisdictional Magistrate shall deal with it, strictly in accordance with law. 9. All pending applications shall also stand disposed of accordingly. (ALOK MAHRA, J.) (G. NARENDAR, C.J.) 06.03.2025 Ujjwal 2025:UHC:1574-DB