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2025 DAILYLAW 50250 (ALL)

MOHD. UMAR v. STATE OF U P AND 3 OTHERS

WRIC/31931/2022 · 2025-08-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135556 Court No. - 33 Case :- WRIT - C No. - 31931 of 2022 Petitioner :- Mohd. Umar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Tanzeel Ahmad Counsel for Respondent :- Mahendra Kumar Prajapati,CSC Hon'ble Prakash Padia,J. 1. Heard Shri Tanzeel Ahmad, learned counsel for the petitioner, learned Standing Counsel accepted notice on behalf of Respondent Nos. 1, 2 & 3 and Shri Ram Milan Mishra, learned counsel appearing on behalf of Respondent No.4. 2. The petitioner has preferred the present writ petition inter-alia with the following prayers:- "i. Issue a writ order or direction in the nature of certiorari calling for the record to quash the impugned order dated 29.09.2022 (Annexure No. 7 to this writ petition) passed by respondent no. 3 by which the selection process for transportation of food grains from Central Government godown to fair price shops in District Moradabad has been finalized in favour of respondent no. 4. ii. Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to consider the complaint of the petitioner and not finalize the process of appointment for transportation of food grains to fair price shops in District Moradabad." 3. Facts as narrated in the pleadings of the writ petition are that the Tenders were invited for the grant of license to carry out Food grains from Central Government godown to the Fair Price Shop dealers in the District Moradabad on 15.06.2022 for a period of two years. 4. Pursuant to the orders passed by this Court from time to time the petitioner started supply of the food grains to the fair price shop dealers from the Central Government godown. Period of two years has already came to an end. 5. In this view of the matter, it is very fairly argued by the counsel for the petitioner that the present writ petition has become infructuous. It is further argued that the respondent-authorities be directed to make the payment of dues to the petitioner for the supply of food grains from Central Government godown to the fair price shop dealer for the work done by him during the pendency of the present writ petition. 6. On other hand it is argued by the counsel appearing on behalf of Respondent no.4 that in fact his client was entitled to carry out the aforesaid contract but due to interim order passed by this Court, he was unable to do the same. Hence a prayer has been made by him to direct the Respondents to permit the respondent no.4 to carry out the supply of food grains pursuant to the notification dated 15.06.2022. 7. Heard counsel for the parties and perused the record. 8. From perusal of record, it is clear that advertisement was issued for the supply of food grains on 15.06.2022 for the period of two years. The aforesaid period has already over. It is settled law that once the period of contract is over, a mandamus could not be issued directing the authorities to permit any person to run the contract. 9. In this view of the matter, the Court is of opinion that relief as sought for by the counsel for the Respondent No.4 could not be granted. 10. At this point of time, a prayer has been made by the counsel for the respondent no.4 to permit the Respondent No.4 to raise his objections before the appropriate authority. 11. This prayer has not been opposed by the learned Standing Counsel. 12. In this view of the matter and also in the interest of justice, the present writ petition is dismissed as having become infructuous with the following directions:- (i) Respondent No.4 will raise his grievances by making representation before the concerned competent authority. If such representation is made within a period of three weeks from today, the authority concerned will decide the same strictly in accordance with law within a period of three weeks thereafter. (ii) A mandamus is issued to the District Authorities to make the payment of dues to the petitioner for the work done by him namely the supply of food grains from Central Government godown to the fair price shop dealers within a period of three weeks from the date of presentation of certified copy of this order. Order Date :- 11.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad