UKHC010119572026 2026:UHC:6385-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (M/B) No.568 of 2026 27th July, 2026 Vikram Singh Chauhan -----Petitioner Versus State of Uttarakhand and Another ----Respondents ----------------------------------------------------------------- Presence:- Mr. Harshit Sanwal, learned counsel for the petitioner. Mr. Rajeev Singh Bisht, learned Deputy Advocate General for the State of Uttarakhand/ respondent no.1. Mr. Suresh Chandra Bhatt and Mr. Gaurav Bhatt, learned counsel for respondent no.2. ----------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. Heard learned counsel for the parties. 2. In compliance of our previous order, the Executive Director, Nagar Palika Parishad is present in person and she has filed her affidavit annexing therewith new set of guidelines for registration of contractors. 3. The present writ petition has been filed challenging the advertisement dated 16.04.2026 published in newspaper Dainik Jagaran dated 17.04.2026 and for quashing the order dated 03.06.2026 passed by respondent no.2 rejecting the application of the petitioner for renewal of the registration for the current year in view of the condition that only such contractors, who were registered during the year 2025-26, would be entitled for 1 UKHC010119572026 2026:UHC:6385-DB registration during the current year and; for a mandamus directing respondent no.2 to renew the registration of the petitioner for the current year. 4. The petitioner was a registered contractor of Nagar Palika Parishad during the years 2023-24 and 2024- 25, however, on account of the condition imposed by the impugned advertisement that only those contractors who were registered during the year 2025-26 would be entitled for registration during the current year the application of the petitioner for registration had been rejected by order dated 03.06.2026. 5. In the previous writ petition filed by the petitioner bearing no.518/2026(M/S), the Court found the condition imposed during the year 2025-26 that only those who had been registered prior to year 2023-24 would be registered to be arbitrary and discriminatory. Since, in the impugned advertisement similar condition has been imposed, this Court finding the said condition to be arbitrary, by order dated 22.07.2026 permitted the Nagar Palika Parishad to revisit the entire mater and come up with new guidelines relating to registration of contractors pending finalization of the bye-laws. 6. The order passed on 22.07.2026 is as follows: “1. Mr. Harshit Sanwal, learned counsel for the 2 UKHC010119572026 2026:UHC:6385-DB petitioner. 2. Mr. Rajeev Singh Bisht, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Suresh Chandra Bhatt, learned counsel for respondent no.2/ Nagar Palika Parishad. 4. The Chairman, Nagar Palika Parishad and the Executive Officer, Nagar Palika Parishad are present in person. 5. They have also filed their personal affidavits. A perusal whereof reveals that the Board Resolution dated 05.06.2025 permitting only those contractors who had been registered prior to the year 2023-24 to undertake development works, pending finalization of the draft bye-laws, is in the teeth of the finding returned by the learned Single Judge in paragraph no.6 of the order dated 06.04.2026 in WPMS No.518 of 2026. 6. It also appears therefrom that the Nagar Palika Parishad made an incorrect statement in the said case before the Court that the petitioner had already been granted registration and only a Gazette Notification was left from being published. 7. It is also clear from their affidavits that the proposed bye-laws have not become final so far and thus the impugned advertisement dated 17.04.2026 putting restrictions on persons not having registration prior to 2023-24 to participate in contracts is ex-facie illegal. 8. It is not disputed before us that the petitioner was duly registered with Nagar Palika Parishad in the years 2023-24 and 2024-25 and was also awarded contract and had successfully completed the same. 9. In such circumstances, even otherwise, we do not find the restrictions imposed vide the impugned advertisement that only those contractors, who had been registered prior to 2023-24, would be permitted to participate in the contract relating to development works of Nagar Palika Parishad to be valid. 10. Learned counsel for the Nagar Palika Parishad seeks time to enable Nagar Palika Parishad to revisit the entire matter and come up with new guidelines pending the approval of the draft bye- laws. 11. In view of the same, the matter is adjourned. 12. Put up as fresh on 27.07.2026. 13. The Nagar Palika Parishad through the Executive Officer will bring on record the new guidelines framed by it in respect of award of contracts relating to development works in Nagar 3 UKHC010119572026 2026:UHC:6385-DB Palika Parishad, pending the approval of the draft bye-laws. 14. The personal appearance of the Chairman, Nagar Palika Parishad is exempted, however, the Executive Officer will remain present in person on the next date of listing.” 7. On matter being taken up today, the Nagar Palika Parishad through its Executive Officer has filed an affidavit and wherein it is stated that pending the approval of the bye-laws Nagar Palika Parishad has framed new guidelines for registration of contractors and in which there is no prohibition for registration of any person as contractor on the basis of the registration during the previous years. 8. It is further stated that the guidelines, which have now been framed would ensure fairness, transparency and equal opportunity to all the contractors and Nagar Palika Parishad has decided to adopt a new process for registration as per new guidelines. It is further stated that under the new process all contractors may participate and the Nagar Palika Parishad would revisit and reconsider the matter in the light of the new guidelines. 9. In view of the stand taken by Nagar Palika Parishad in the recent affidavit, the impugned advertisement dated 16.04.2026 advertised in the newspaper on 17.04.2026 is hereby quashed. The Nagar 4 UKHC010119572026 2026:UHC:6385-DB Palika Parishad is permitted to go ahead with registration of contractors on the basis of new guidelines. In the event the petitioner makes application for registration as per new guidelines, the said application will be considered strictly in accordance with new guidelines and the fact that the application of the petitioner was rejected on the basis of the condition imposed under the previous advertisement would not influence the decision of Nagar Palika Parishad. The new contracts will be awarded strictly on the basis of the registration of contractors under the new guidelines. 10. Accordingly, the present petition stands disposed of. 11. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 27.07.2026 SS 5