Yashpal Singh Chauhan v. State of Uttarakhand

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sig nat u r es COURT'S OR JUDGE'S ORDERS

03.12.2

WPPIL No. 186 of 2024 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Vivek Bh ar t i Sh ar m a, J.

Ms. Snigdha Tiwari, learned counsel for petitioner.

¶2Mr. P.C. Bisht, learned Additional Chief Standing Counsel for State of Uttarakhand / respondent Nos. 1 & 2.

¶3Mr. N.S. Pundir, learned counsel for respondent Nos. 3 & 4.

¶4This writ petition has been filed allegedly in public interest seeking following reliefs: - "i. Issue a writ order or direction in the nature of certiorari to quash advertisement dated 19th November 2024 (Annexure No. 1) wherein Chakrata Dak Bangla's one suite and un-demarcated vacant land is sought to be leased by the Respondent No. 3 i.e., Chairman, Zila Panchayat who being an elected representative has appropriated absolute power to reject any or every tender application without assigning any reasons which is in contravention to principle laid down by the Hon'ble Supreme Court in Sachidanand Pandey v. State of West Bengal 1987 (3) SCC 251. ii. Issue a writ order or direction in the nature of mandamus commanding the Respondent No. i.e. State of Uttarakhand to ascertain whether it permits creation of third-party interest over unspecified and un-demarcated vacant land in Dak Bangla Chakrata as being done by the Respondent No. 3.

iii. Issue a writ, order or direction in the nature of certiorari quashing the Resolution dated 30th June 2009 (Annexure No.6), passed by Planning committee, granting Chairman, Zila Panchayat powers to unilaterally award contracts and tenders, and / or cancel such contracts and tenders without stating any reasons. iv. Issue a writ, order or direction in the nature of mandamus directing Respondent 1 to conduct an inquiry in relation to actions that were undertaken in pursuance of resolution dated 30th June 2009 (Annexure No. 6) and 23rd January, 2020 (Annexure No. 7) by the Zila Panchayat, Dehradun and for taking necessary action on the same. v. Pass any other order that this court may deem fit in the nature of equity, justice and good conscious."

¶5Learned State Counsel, however, submits that the writ petition is premature, as by the impugned advertisement, bids were invited from interested persons for grant of lease in respect of Chakrata Dak Bangla, and the tender process has not concluded as yet. He further submits that Zila Panchayat Dehradun passed resolution as far back as on 23.01.2020 to run the Dak Bangla on Public-Private Partnership mode and the advertisement is issued in terms of the said resolution. He further submits that as per his instructions, lease upto a period of 10 years can be granted by Chairman, Zila Panchayat, without approval of the State

Government. He points out that if lease is granted for a period above 10 years and upto 30 years, then approval of the Divisional Commissioner would be required, and only for lease beyond 30 years, approval of the State Government would be necessary. He further submits that since by the impugned advertisement, lease has been proposed to be granted for a period of 10 years, therefore, approval of the State Government is not necessary at all.

¶6Since the lease-deed is yet to be executed and it is in stage of contemplation, therefore, we find force in the submission made by learned State Counsel that the writ petition is premature. Even otherwise, the advertisement is referable to the decision taken by Board of Zila Panchayat in its meeting held on 23.01.2020. The resolution passed in said meeting indicates that the Guest House was old and in a dilapidated condition, and with a view to augment income, it was decided to run the Guest House on PPP mode. Thus, the challenge thrown by petitioner is without any substance.

¶7Accordingly, writ petition is dismissed.

( Viv ek Bh ar t i Sh ar m a, J) ( Man oj Ku m ar Tiw ar i, ACJ)

03.12.2024 03.12.2024 Rathour

PRAVIND RA S RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=23699ccc2fd40ad81b6fd1332 3779d9e3aeb1097d17dbb53d481cabd 25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF 92A40CC6179B8E010331BA695239171 F906FD5C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.12.04 11:21:39 +05'30'