HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31833 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Chetan Chatterjee, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Vijay Kumar Dixit, learned counsel for the respondent nos. 4 and 5. 2. The petitioner by means of the present writ petition, has prayed for the following relief :- "Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to finalize and conclude the auction proceedings in pursuance of highest bid offered by the petitioner in auction dated 24.4.2025 concluded in pursuance of auction notice published on 16.4.2025 (Annexure no.4 to this writ petition) and release work order in favour of the petitioner on account of the petitioner being the undisputed highest bidder in the e-auction proceedings." 3. It is contended that the petitioner is the highest bidder in the auction proceedings conducted for realization of license fee. However, the said auction was challenged by one Jitendra @ Jitendra Kumar @ Jitendra Rana. In that matter, this Hon'ble Court permitted the respondents to proceed with a fresh tender but restrained them from finalizing the same vide order dated 24.04.2025. Subsequently, Writ-C No. 12502 of 2025 was dismissed in default by this Hon'ble Court by order dated 31.07.2025. 4. Accordingly, it is submitted that since the petitioner is the highest bidder and the writ petition i.e Writ-C No. 12502 of 2025 challenging the present auction, has been dismissed in default therefore, there is no impediment in finalizing the tender of the petitioner. Versus Counsel for Petitioner(s) : Chetan Chatterjee Counsel for Respondent(s) : C.S.C., Vijay Kumar Dixit Bhisam Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. Sri Vijay Kumar Dixit, learned counsel for respondent nos. 4 and 5, has informed the Court that the amount deposited by the petitioner of Writ-C No. 12502 of 2025 for participation in the earlier tender, has already been refunded to him, which he has accepted, and further, he did not participate in the present tender. 6. Considering the aforesaid facts and the fact that the Writ-C No. 12502 of 2025 has already been dismissed in default and the restoration application is pending before this Court, this Court is of the opinion that a direction is required to be issued to respondent no.4-Chairman, Zila Panchayat, Saharanpur to pass an appropriate order after giving due notice and opportunity of hearing to the present petitioner and the petitioner of Writ-C No. 12502 of 2025, within a period of one month from the date of presentation of a certified copy of this order. 7. With the aforesaid direction, the writ petition is disposed of. September 12, 2025 Gaurav WRIC No. 31833 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad