M/S Addmuch Outdoor v. The State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 40924 of 2023 Petitioner :- M/S Addmuch Outdoor Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Praksah Counsel for Respondent :- C.S.C.,Tanisha Jahangir Monir Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant writ petition has been filed praying for a writ of mandamus commanding respondent nos.2 and 3 to decide the prayer of the petitioner for extension of the term of contract.

¶2The case of the petitioner is that initially, the period of contract given to the petitioner for providing pure water through Pyau to the common public near Vaishali Metro Station, Ghaziabad in pursuance of the agreement dated 28.12.2018 was for five years. Under the agreement, there is provision for extension subject to satisfactory performance of the petitioner. The respondents issued notice on

07.08.2023 mentioning that the structure constructed by the petitioner for providing pure water was bigger than the prescribed dimensions. The petitioner has replied to the same long back but the authorities have not taken any decision with regard to the extension of term of the petitioner.

¶3Ms. Tanisha Jahangir Monir, learned counsel appearing on behalf of respondent nos.2, 3 and 4 submits that issue relating to extension of the term has to be decided by the authorities. She submits that the respondent-authorities will decide the request for extension within such time as may be directed by this Court.

¶4Accordingly, without expressing any opinion on merits of the case, the writ petition is disposed of with the direction that the competent authority will take decision in respect of extension of the period of contract within a period of three weeks from the date of communication of the instant order along with a fresh representation.

¶5The petitioner will submit fresh representation positively within a week from today. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 4.12.2023/rkg High Court of Judicature at Allahabad