Allahabad High Court
Dileeep Kumar Singh And 3 Others vs State Of U.P. And 3 Others on 16 November, 2019
Bench: Shashi Kant Gupta, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - C No. - 37103 of 2019 Petitioner :- Dileeep Kumar Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Singh,Avadhesh Pratap Singh Counsel for Respondent :- C.S.C.,Ganesh Datt Mishra Hon'ble Shashi Kant Gupta,J.
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following relief:
"A. Issue, a writ, order or direction, in the nature of Certiorari quashing the impugned undated advertisement issued by Respondent no. 4 as (Annexure-4)."
Heard learned counsel for the petitioner, Sri Ganesh Datt Mishra, learned counsel for the Respondents No. 3 and 4, learned Standing Counsel for the Respondents No. 1 & 2 and perused the record.
A perusal of the record shows that the petitioner is challenging the advertisement issued by the concerned authority whereby fresh applications have been invited for appointment of Milk Booth Sanchalaks and allotment of Milk Booths.
According to petitioners, they are operators of Parag Milk Booths at different places allotted to them but the authority concerned, without cancelling their authorization/allotment, has illegally issued a fresh advertisement to appoint Parag Milk Booth Sanchalaks and allotment of Milk Booths.
Upon a query made to the learned counsel for the petitioners, he failed to produce any copy of the agreement executed between the petitioners and the concerned authority by which they were authorized to run Parag Milk Booths. It has also come on the record that a number of complaints were received against the petitioners who are operating Parag Milk Booths as a consequence an inspection was made wherein gross irregularities were discovered.
Learned counsel for the petitioners has not been able to show any provision of law or place any document to show that the petitioners have got unfettered right to continue Parag Milk Booths allotted to them ad infinitum. Besides this, the petitioners have no legal right to prevent the respondent authority from issuing any advertisement with respect to Parag Milk Booths.
The writ petition is, accordingly, dismissed.
Order Date :- 16.11.2019 vinay