This court dismissed a writ petition challenging a Nagar Panchayat's tender process on the ground of alternative remedy, as the petitioner had already filed a civil suit for injunction regarding the same land property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 40302 of 2018
Petitioner :- Nand Kishore And 3 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Anil Tiwari,Dharmendra Shukla Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
By means of the instant petition, the petitioner has sought for the following relief:-
"i. issue a writ, order or direction in the nature of certiorari calling for the records of the case and quash the further proceedings of notice dated 19.11.2018 of the tender process issued by the Nagar Panchayat Kiraoli, Agra in so as the same pertains to land of Gata No. 364 village Bhavanpura, Ward No.7, Kiraoli, District Agra."
Perusal of the record shows that the petitioner has already filed a civil suit no.756 of 2017 against the Nagar Panchayat Kiraoli, District Agra seeking the following reliefs:-
"A. Pass a decree of permanent prohibitory injunction against the defendant thereby restraining it and its employees from dispossessing the plaintiffs from the property in suit or from interfering in their possession, use and enjoyment thereof in any manner whatsoever.
B. That the cost of the suit be awarded to the plaintiffs as against the defendant.
C. That any other relief which the Hon'ble Court deems just and necessary in the circumstances of the case be granted to the plaintiffs in the interest of justice."
In view of filing of the aforesaid civil suit, we do not see any justification to entertain the instant petition.
Accordingly, the writ petition is dismissed on the ground of alternative remedy.
However, it is open to the petitioner to ventilate his grievance in the pending suit.
Order Date :- 7.12.2018 S.Ali
1 issue framed by the court
Whether the writ petition challenging the tender process should be entertained in view of the alternative remedy of a pending civil suit.
Nand Kishore And 3 Others
State Of U P And 6 Others
Shashi Kant Gupta
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
