M/S B.K. Traders Thru. Proprietor Brijesh Kumar Trivedi v. State of U.P. Thru. Secy. Deptt. of Nagar Viks Lko and 3 Others

Court No. - 2 Case :- WRIT - C No. - 11002 of 2024 Petitioner :- M/S B.K. Traders Thru. Proprietor Brijesh Kumar Trivedi Respondent :- State Of U.P. Thru. Secy. Deptt. Of Nagar Viks Lko And 3 Others Counsel for Petitioner :- Sunil Kumar Mishra,Atul Kumar Chauhan Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

¶1Shri Mohit Nigam, Advocate has filed his vakalatnama on behalf of the opposite party no. 2. The same is taken on record.

¶2Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Mohit Nigam, learned counsel for the opposite party no. 2.

¶3The petitioner entered into agreement with the Nagar Nigam, Lucknow on 15.07.2015 for a period of 15 years, as claimed.

¶4Now, the Nagar Nigam, Lucknow is acting in violation thereof, as alleged. If it is so, then, the remedy is not under Article 226 of the Constitution of India. If the petitioner says that there is no Arbitration Clause in the agreement, then, he can avail the remedy before the Civil Court.

¶5The writ petition is dismissed with aforesaid liberty as far as it may be permissible in law and as far as there may be a cause. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 19.12.2024 R.K.P. High Court of Judicature at Allahabad, Lucknow Bench