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2025 DAILYLAW 68226 (ALL)

M/S DDA MAINTENANCE SERVICES v. STATE OF U.P. AND 3 OTHERS

WRIC/20141/2025 · 2025-07-02

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103875-DB Court No. - 29 Case :- WRIT - C No. - 20141 of 2025 Petitioner :- M/S Dda Maintenance Services Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devesh Pandey,J.P. Pandey Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, Mr. S.C. Dwivedi, learned counsel for the Agra Development Authority (in short "A.D.A.") and perused the material brought on the record. 2. This writ petition has been filed by the petitioner for a direction to the respondent Nos.2 & 3 to intervene in the matter and pass a reasoned order/direction on the representation made by the petitioner dated 02.06.2025 within a stipulated time as this Court may fixed. 3. At the very outset, Mr. S.C. Dwivedi, learned counsel for the A.D.A. raised a preliminary objection regarding the maintainability of the present writ petition with two fold submissions; (i) the point No.7.31 of the agreement dated 05.09.2024 provides Arbitration Clause and (ii) the petitioner has already preferred a suit bearing Civil Suit No.341 of 2025 before the competent Civil Court for permanent prohibitory injunction against the respondent-Authority which is stated to be pending for consideration and as such the said disputed fact cannot be pressed in writ jurisdiction on the ground that petitioner is having an efficacious alternative remedy to press the relief before the appropriate forum and therefore, the present writ petition is liable to be dismissed. 4. Confronted with the above situation, learned counsel for the petitioner could not overcome the same. 5. Considering the aforesaid factual situation of the matter as well as agreement dated 05.09.2024 placed before us, we are not inclined to accord any relief in favour of the petitioner. However, leave is granted to the petitioner to press before appropriate forum in accordance with law. 6. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 3.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad