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2025 DAILYLAW 72530 (ALL)

SHASHI VERMA v. STATE OF U.P. AND 6 OTHERS

WRIC/21729/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110657-DB Court No. - 21 Case :- WRIT - C No. - 21729 of 2025 Petitioner :- Shashi Verma Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Naresh Chandra Nishad Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has assailed an auction notice dated 5.6.2025 issued by respondent no. 2 for auction of a parking stand at Children Hospital and Neuro Science Facility. 2. The case of the petitioner is that she was having the said contract in her favour in the past. The respondents got deposited certain sum from the petitioner and assured her for renewal for the next year but ignoring the said deposit, they have issued the auction notice. 3. The contract in favour of the petitioner was granted on 3.5.2018. The period of contract and conditions of renewal, as contained in the e-tender document, in pursuance of which the petitioner was given contract in the past, are extracted below: "PERIOD OF CONTRACT AND ITS RENEWAL:- The tender process shall be valid to award the contract for a period of maximum 05 years. Initially, the contract will be awarded for a period of 01 year from the date of execution of Agreement. It will be renewed yearly on the receipt of satisfactory performance report and recommendation for the same, on written request of the contractor three months before the expiry of the contract or its renewal as the case may be. Each renewal of contract shall be made on the same terms & conditions on which initial agreement is entered into. However, the successful tenderer has to continue the work till the time new agreement is made by the Medical college; otherwise the Medical college will forfeit the Security Deposit. An annual hike upto 15% per annum will be granted after receipt of satisfactory performance report from Medical college." 4. Admittedly, the period of five years has expired. In such circumstances, we find no illegality in the action of respondents in going for a fresh auction process. It is open to the petitioner also to participate in the auction, if so advised. 5. The writ petition is dismissed, with liberty to the petitioner also to participate in the auction process. 6. The petitioner may also move appropriate application for refund of the amount which she may have deposited for award of contract for the next year and which shall be considered in accordance with law. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad