In this frivolous writ petition challenging a tender allotment, the High Court dismissed the petition for lack of locus standi and absence of specific averments of grievance. The court imposed costs of Rs. 50,000.
Petition dismissed with costs of Rs. 50,000 to be deposited within one month.
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. - 39
Case :- WRIT - C No. - 9967 of 2019
Petitioner :- Kuldeep Chauhan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Kaushalendra Nath Singh, learned counsel appearing for the respondent no. 2.
The petitioner in the writ petition is seeking a direction to the respondent no. 2 to take action against the respondent no. 3 to whom a tender has been allotted for multi level car parking in the year 2015.
There is not a single averment in any paragraph of the writ petition that the petitioner had also applied against the tender. There is not a single paragraph in the writ petition in which the petitioner has disclosed his locus to maintain the writ petition or to show as to how he is aggrieved by the award of the contract to the respondent no. 3.
This is a frivolous writ petition and is accordingly dismissed with cost of Rs. 50,000/- which shall be deposited by the petitioner with the Registrar General of the Allahabad High Court within one month from today failing which the Registrar General shall intimate the District Magistrate/Collector, Gautambudh Nagar about the same and thereafter the District Magistrate/Collector, Gautambudh Nagar shall recover the amount of cost from the petitioner as arrears of land revenue within one month thereafter and shall deposit the same with the Registrar General of the Allahabad High Court. The Registrar General shall then transfer the said amount of Rs.50,000/-to the account of the UP. State Legal Services Authority.
Let a copy of this order be also placed before the Registrar General, High Court Allahabad.
Order Date :- 26.3.2019
Pratima
(Dr. Y.K.Srivastava,J.) (B. Amit Sthalekar,J.)
1 issue framed by the court
The court examined whether the petitioner had locus standi to challenge a tender allotment by demonstrating a prima facie prejudice suffered by him.
Kuldeep Chauhan
State Of U P
B. Amit Sthalekar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
