Disposed

M/S Naina Devi Traders v. Municipal Council

Himachal Pradesh HC5 Mar 2022CWP/375/2020

Case brief

AI extract

What is this about?

On admission of a writ petition challenging termination of a vehicle lease award, the Court dismissed the direct petition and directed the petitioner to submit a representation to the upgraded Municipal Corporation, Solan, for appropriate orders within fifteen days.

What did the court decide?

Petitioner required to submit a comprehensive representation to the Commissioner, Municipal Corporation, Solan

M/S Naina Devi Traders Vs Municipal Council — Service and Employment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 5^th DAY OF MARCH, 2022

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BEFORE

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HON’BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No.375 of 2020

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Between:-

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M/S NAINA DEVI TRADERS THROUGH ITS PROPRIETOR RAHUL WALIA, DHARAMPUR, TEHSIL KASAULI, DISTRICT SOLAN, HIMACHAL PRADESH

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…...PETITIONER

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(BY MR. AJAY CHAUHAN, ADVOCATE)

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AND

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1. MUNICIPAL COUNCIL, THROUGH ITS CHAIRMAN, RAJGARH ROAD SOLAN, HIMACHAL PRADESH

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2. EXECUTIVE OFFICER, MUNICIPAL COUNCIL, SOLAN, HIMACHAL PRADESH

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…...RESPONDENTS

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(BY MR. SUDHIR THAKUR, SENIOR ADVOCATE WITH MR. RANBIR SINGH, ADVOCATE)

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This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:

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O R D E R

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This petition has been filed by the petitioner-Rahul

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Walia, who is the proprietor of M/s Naina Devi Traders, challenging the order dated 23.12.2019 and praying for a writ of mandamus to the respondents, directing them to engage two trucks of the petitioner as per award letter dated 27.07.2018 for three years.

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2. According to the petitioner, the Municipal Council, Solan, vide award letter dated 27.07.2018, hired two dumper placer vehicles from the petitioner after he was found to be the highest bidder pursuant to the tender notice issued by the respondents. The petitioner invested a huge amount in purchasing the said vehicles, which were being used for collection of garbage under the instructions of the respondents-Municipal Council, Solan and as per the terms & conditions of the award. However, suddenly the respondents vide letter dated 23.12.2019 (Annexure P-3), informed that the services of the truck of the petitioner, bearing Registration No.HP-64-5344, are not required. The petitioner has challenged the aforesaid letter dated 23.12.2019 (Annexure P-3) in the instant petition.

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3. Learned Senior Counsel for the respondents submits that the present petition cannot be entertained by this Court in the present form as the Municipal Council, Solan has since been

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upgraded to Municipal Corporation, Solan. The petitioner, if he has any grievance, may approach the Commissioner, Municipal Corporation Solan, for redressal thereof.

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4. Having regard to the limited submissions, we dispose of the present petition by requiring the petitioner to submit a comprehensive representation to the Commissioner, Municipal Corporation, Solan, who may examine the same and pass appropriate orders on such representation within fifteen days from the date of submission thereof.

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The writ petition stands disposed of in the above terms,

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so also the pending miscellaneous application(s), if any.

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( Mohammad Rafiq ) Chief Justice

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( Jyotsna Rewal Dua ) March 05, 2022 Judge R.Atal/Mukesh

M/S Naina Devi Traders v. Municipal Council

Case brief

What is this about?

What did the court decide?

M/S Naina Devi Traders v. Municipal Council

Case brief

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