Neutral Citation No. - 2025:AHC:141039-DB Court No. - 40 Case :- WRIT - C No. - 19324 of 2025 Petitioner :- Pcs Fintech Consultancy Pvt. Ltd. Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kartikeya Saran,Suchita Mehrotra Counsel for Respondent :- A.S.G.I.,Agnihotri Kumar Tripathi,Ugrasen Kumar Pandey,Vibhanshu Vaibhav Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms. Suchita Mehrotra, learned counsel for the petitioner, Sri Dibhanshu Vaibhav, Advocate holding brief of Sri Vibhanshu Vaibhav, learned counsel for the respondents No.2 & 3 and Sri Agnihotri Kumar Tripathi, learned counsel for the respondents No.4 & 5. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:- "(i). Issue an appropriate writ, order or direction calling for the record and setting aside the e-Tender process initiated by the Aligarh Smart City Limited (ASCL) (Respondent No.2) vide Notice dated 23.05.2025 bearing NIT No.7109/NIT/ASCL/2025-26 to lease out parts of the Kalyan Singh Habitat Centre located at Lal Diggi, Aligarh-202001. (ii). Issue an appropriate writ, order or direction directing the Respondent No.2 (ASCL) to forthwith transfer possession of the Ground Floor Cafe Shop General Waiting and Ground Floor Security Room, ATM 1 and ATM 2 of the Kalyan Singh Habitat Centre Building located at Lal Diggi Aligarh-202001, which have been leased out to the petitioner company via registered lease agreements dated 03.07.2024 and 01.07.2024 respectively. (iii). Issue any other writ, order or direction which this Hon'ble Court may deem fit in the facts of the case. (iv). Award costs of the petition to the petitioner. (v). Issue an appropriate writ, order or direction calling for the record and quashing order dated 16.11.2024 passed by the Aligarh Smart City Limited (ASCL) (Respondent No.2) terminating the lease agreements dated 03.07.2024 and 01.07.2024 executed in favour of the petitioner company. (vi). Issue an appropriate writ, order or direction calling for the record and quashing the Notice dated 06.06.2025 issued by the Aligarh Smart City Limited (ASCL) (Respondent No.2) regarding Forfeiture and Adjustment of amount deposited by the petitioner as Earnest Money Deposit (EMD) and Performance Security." 3. Learned counsel for the petitioner has submitted that the petitioner was granted lease of premises in Kalyan Singh Habitat Centre Building through different agreements. Subsequently, for non-payment of certain amounts towards lease rent, the lease agreement of the petitioner was terminated by order dated 16.11.2024 without giving any notice and opportunity of hearing to the petitioner which is required under Clause 8.1 of the lease deed dated 01.07.2024. She has further submitted that the lease of premises in question has been granted to the respondent No.4 arbitrarily without giving any notice and opportunity of hearing to the petitioner. 4. Per contra, learned counsel for the respondents has submitted that the petitioner was dispatched several notices to deposit the balance lease rent and on failing to deposit the same, the petitioner's lease was terminated by order dated 16.11.2024, therefore, there is no illegality in terminating the lease of the petitioner inasmuch as learned counsel for the respondents has vehemently submitted that the notices were duly served upon the petitioner before terminating the lease which is evident from the dispatch register. 5. Be that as it may, the issue of service of notice upon the petitioner is a question fact which cannot be adjudicated by this Court under Article 226 of the Constitution of India. However considering the fact that as per Clause 8.1 of the lease agreement dated 01.07.2024, it is clear that in case the lessee commits breach of any of the terms, stipulation and conditions of lease, the lessor shall give a written notice to the lessee calling upon to remedy any such breach within a period of 30 days. 6. Accordingly, the present writ petition is disposed off permitting the petitioner to file a fresh representation taking a ground of non- service of notice as contemplated under Clause 8.1 of the lease deed dated 01.07.2024 before the respondent No.3-Municipal Commissioner, Nagar Nigam, Aligarh within a period of 15 days from today ventilating all his grievances. In case any such representation is filed by the petitioner, the respondent No.3 shall consider the same and pass appropriate reasoned and speaking order strictly in accordance with law taking into account of Clauses 8.1 & 13.6 of the lease agreement dated 01.07.2024. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Order Date :- 19.8.2025 SS (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad