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2025 DAILYLAW 96054 (ALL)

M/S CHATURVEDI CONSTRUCTION v. STATE OF U.P. AND 2 OTHERS

WRIC/32136/2025 · 2025-09-14

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32136 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Sri J.P. Gupta, learned counsel for respondent Nos. 2 & 3 and learned Standing Counsel for respondent No.1. 2. The petitioner, by means of present petition, has assailed the order dated 3.9.2025 passed by respondent Nos. 2 & 3, by which he has been restrained from collecting parking fee from e-rickshaw. 3. Contention of learned counsel for the petitioner is that impugned order has been passed without giving any notice or opportunity of hearing to the petitioner. The petitioner was the highest bidder and accordingly, an agreement was executed in favour of the petitioner which has been annexed as Annexure 6 to the writ petition. It is submitted that according to the agreement, the petitioner is entitled to collect the parking fee from several vehicles including e-rickshaw and by the impugned order, the respondent Nos. 2 & 3 unilaterally without giving any notice to the petitioner stopped the petitioner to collect the parking fee from e-rickshaw. It is further submitted that the action of respondents amounts to breach of terms and conditions of the agreement between the parties and such an action is arbitrary and in violation of natural justice, as no notice or opportunity of hearing was given to the petitioner before passing the impugned order which cannot be sustained in law. 4. Learned counsel for the respondents submits that matter may be relegated to the competent authority, who shall consider the grievance and decide the same after hearing the necessary parties. 5. In view of above, the writ petition is disposed of with a direction that the Versus Counsel for Petitioner(s) : Arun Kumar Singh Counsel for Respondent(s) : C.S.C., Jai Prakash Gupta M/S Chaturvedi Construction .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) petitioner shall file a detailed representation against the order dated 3.9.2025 within one month from today. In case such a representation is filed, respondent Nos. 2 & 3 shall decide the same strictly in accordance with law after giving an opportunity of hearing to the petitioner within a period of one month thereafter. The impugned order dated 3.9.2025 shall abide by the order passed by respondent no.3 on the representation. September 15, 2025 P.P. WRIC No. 32136 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad