M/S Baba Ji Advertising Agency v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE CHI EF JUSTI CE SHRI MANOJ KUMAR GUPTA AND HON'BLE SHRI JUSTI CE SUBHASH UPADHYAY

0 8 TH MAY, 2 0 2 6

W RI T PETI TI ON ( M/ B) No. 6 52 OF 2 0 2 5

M/ s Baba Ji Advertising Agency.

…Petitioner Versus

State of Uttarakhand and others.

…Respondents

Counsel for the petitioner.

: Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned counsel.

Counsel for respondent nos. 1 &

¶4: Mr. B.S. Parihar, learned Additional Chief Standing Counsel with Mr. S.M.S. Mehta, learned Brief Holder for the State of Uttarakhand.

Counsel for respondent nos. 2 &

3.

: Mr. Vipul Sharma, learned counsel. Counsel for respondent no. 5. : Mr. Lalit Sharma, learned counsel. Counsel for respondent no. 6. : Mr. Hitesh Chandra Sanwal, learned counsel holding brief of Mr. Sagar Kothari, learned counsel.

ORDER : (per Sh r i Man oj Ku m ar Gu pt a, C.J.)

1.

The present Writ Petition has been filed for the following reliefs : - "i) issue a writ, order or direction in the nature of mandamus directing the respondent no 2 to forthwith restore of Uni-poles/ Hoardings illegally removed by the respondent no 2 to its original as they had been installed by the petitioner as per the guidelines laid down by Nagar Nigam, Rudarpur.

ii) issue a writ order or direction in the nature of certiorari quashing the tender awarded in the month of December, 2024 by respondent no. 2 in favour of

respondent no. 6, after summoning the same from respondent no. 2, only to the extent of the grant of advertising rights to respondent no. 6 within the Kalyanpur area (as awarded by respondent no. 5 in favour of the petitioner) which lies within the jurisdiction of respondent no. 5 hereto.

iii) issue a writ order or direction in the nature of mandamus directing the respondents to pay appropriate compensation for the loss incurred by the petitioner on the illegal removal of Uni-poles / Hoardings and also to the goodwill of the petitioner, due to the illegal act committed by the respondent no 3; Or Alternatively, to direct the respondent no. 5 to grant further extension of such time as this Hon'ble Court deem fit and proper in the facts and circumstances of the case for compensating the loss during the period which the petitioner's advertising had illegally been destroyed by respondent no. 2."

2.

Mr. D.S. Patni, learned Senior Counsel appearing for the petitioner prays for withdrawal of the Writ Petition, with liberty to the petitioner to make representation, for return of its uni-poles/ hoardings, before the respondent-Nagar Nigam and SIDCUL.

3.

Mr. Vipul Sharma, learned counsel appearing for the SIDCUL and Mr. Lalit Sharma, learned counsel appearing for the Nagar Nigam, have no objection to the same.

4.

Accordingly, the Writ Petition is disposed of, as withdrawn, with liberty to the petitioner to make representation in terms of the prayer made. In the event any such representation is made, the same shall be dealt with in accordance with law.

A A

¶5All pending applications stand disposed of accordingly.

______________________ MANOJ KUMAR GUPTA, C.J.

___________________

SUBHASH UPADHYAY, J.

thDt: 08 May, 2026 Rahula Digital y signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UT ARAKHAND, ou=HIGH COURT OF UT ARAKHAND, RAHUL

2.5.4.20=a 4fa3be 6 91397 58b14516ed3e6 6e61bf4c848741983ed8c39e4145cf1dab, postalCode=2630 1, st=UT ARAKHAND, serialNumber=303B5 C 3063D34AC45BF8A1 92FCAD15C390A1A D7B39857D2540AE4C28PRAJAPATI A4898, cn=RAHUL PRAJAPATI Date: 2026.05.08 14:41:26 +05'30'