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2025 DAILYLAW 95158 (ALL)

M/S AIMS INTERNATIONAL AND ANOTHER v. State of UP AND ANOTHER

WRIC/30494/2024 · 2025-02-18

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24081-DB Court No. - 29 Case :- WRIT - C No. - 30494 of 2024 Petitioner :- M/S Aims International And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. This petition has been filed with the prayer to quash the order dated 13.05.2024 contained in Annexure No.1 to the writ petition. This order of Director Administration and Development refers to the deposit of security by the petitioners amounting to Rs.1,63,500/- as well as the request made for its return on account of successful completion of the contract. 2. The order impugned further records that since the supplies made by the petitioners was found sub-standard as such the direction was issued to seek refund of the amount paid for the goods supplied to the petitioners vide order dated 11.10.2023. The order impugned, therefore, records that unless such amount directed to be deposited by the petitioners vide order dated 11.10.2023 is not returned, the security deposit cannot be released. 3. By a separate order passed today in connected writ petition being Writ C No.38593 of 2023, we have already quashed the order dated 11.10.2023, by a reasoned order. Once the order dated 11.10.2023 has already been quashed, there is no justification for the respondents to withhold the release of the security amount. 4. In the present petition, we have granted opportunity to the State to obtain instructions twice. The instructions have not been received. In view of the fact that the basis for passing of the impugned order itself no longer subsists, we do not find any rationale to keep the writ petition pending any further. 5. Consequently, the order dated 13.05.2024 is quashed and a direction is issued to the respondent no.2-Director Administration and Development/Head of Department, Department of Animal Husbandry, U.P., Lucknow, to consider the petitioners request for release of security amount afresh, within a period of six weeks, in view of the adjudication made by this court in the connected petition. 6. In view of the above, present petition is allowed. Order Date :- 19.2.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad