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2025 DAILYLAW 7101 (UTT)

M/S NEW SAIFI IRON SCRAP STORE v. STATE OF UTTARAKHAND

WPMB/308/2025 · 2025-06-02

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 02.06.2025 WPMB No. 308 of 2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Sanjay Kumar, Advocate for the petitioner. Mr. Yogesh Chandra Tiwari, Standing Counsel for the State. Mr. T.A. Khan, Senior Advocate for the respondent Nos. 2 & 3. 2. According to petitioner, he was awarded a contract for dismantling and salvaging of scrap/building material of a Sugar Mill, situate at Gadarpur. It is contended that two godowns of the Sugar Mill have been leased out to NDRF, the officials of NDRF are not permitting petitioner to dismantle the godowns and the boundary wall appurtenant thereto. 3. By means of this writ petition, petitioner has sought following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 2 to take the decision on the representation/letter dated 20.02.2025 (Annexure no. 10 to this petition) and representation/letter dated 15.05.2025 (Annexure No. 12 to this petition) written/moved by petitioner in the time bound period which may be fixed by this Hon’ble. ii) Issue a writ, order or direction in the nature of mandamus commanding/directing respondent no. 2 to allow the petitioner for final removal of dismantled material from the sugar mill premises uptill the date of taking decision by respondent no. 2 on the representation/letters dated 20.02.2025 (Annexure no. 10 to this petition) and representation/letter dated 15.05.2025 (Annexure No. 12 to this petition) of the petitioner. iii) Issue a writ, order or direction in the nature of certiorari quashing/setting aside the order/letter dated 20.11.2024 (Annexure No. 8 to this petition) and letter/order dated 04.04.2025 (Annexure No. 11 to this petition) issued by respondent No. 2.” 4. Learned State Counsel submits that since part of the property of Sugar Mill is leased out to NDRF, and petitioner cannot claim any better right than that of NDRF. He however submits that since petitioner has made representations, therefore, competent authority may be asked to take decision thereupon. 5. Accordingly, the writ petition is disposed of with direction to respondent No. 2 to take decision on petitioner’s representation dated 15.05.2025 within ten weeks from date of presentation of certified copy of this order. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 02.06.2025 Mahinder/