Court No. - 39
Case :- WRIT - C No. - 14904 of 2021
Petitioner :- Gupta Advertiser
Respondent :- State Of U.P & Ors
Counsel for Petitioner :- Javed Husain Khan
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Ram Prasad Dube, learned counsel for the respondent nos.2 & 3.
The present petition has been filed in the month of June, 2021 with the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.05.2021 passed by the respondent no.3 to the extent it refuses the execution of contract for two years against the advertisement dated 19.02.2021 (Annexure-1 to the writ petition).
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to execute the contract for two years against the advertisement dated 19.02.2021 in favour of the petitioner."
During the pendency of the writ petition, a fresh advertisement has been issued pursuant to which a work order dated 19.06.2021 had been issued in favour of the petitioner in pursuance of the agreement dated 18.06.2021.
The amendment application dated 27.07.2021, thereafter has been filed seeking further reliefs as under:
"IIA. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2/3 to execute a supplementary agreement extending the period of contract for a period of further one year and three months in addition to the contract granted vide agreement dated 18.06.2021.
IIB. Issue a writ, order or direction in the nature of mandamus commanding the State Government to take final decision pursuant to office letter dated 19.01.2020."
The contract agreed by the petitioner is for the financial year 2021-22. The prayer in the writ petition is to extend the period of contract in view of the extraordinary circumstances prevailing in the country on account of COVID-19. The contention of the learned counsel for the petitioner is that during the previous year, the petitioner could not perform the contract for a substantial period, inasmuch as, the hoardings could not be installed due to onset of COVID-19. The submission, thus, is that in the light of the present situation, the petitioner has lost substantial period of two months of the financial year 2021-22.
The submission is that the State Government had issued directions from time to time for extension of period of contract to grant liberty in the matter of deposit of fees/taxes. The contention is, thus, that the petitioner had moved an application before the Upper Mukhya Adhikari, Zila Panchayat, Aligarh i.e. respondent no.2 and a prayer has been made for extension of the period of the contract for one year by issuing a supplementary agreement but nothing has been done in the matter.
As regards the plea of the petitioner for extension of period of contract, it is contended by learned counsel for the respondent that the terms and conditions of contract had been laid down before the work order dated 19.06.2021 had been issued. Once the petitioner has accepted the terms of the contract for the financial year which is uptil 31.03.2022, it is not possible for the Zila Panchayat to extend the tenure of the contract.
Submission is that the budget is allocated for a financial year and the same cannot be taken to the next financial year.
Considering the above, we do not find any merit in the prayer of the petitioner to mandate the respondent- Zila Panchayat to extend the tenure of the contract beyond the financial year 2021-22.
However, in case of any interruption in the period of contract due to COVID-19 in future, it is kept open for the petitioner to approach the competent authority, in accordance with law.
The writ petition is, accordingly, disposed of.
Order Date :- 28.7.2021 P Kesari
Digitally signed by Justice Sunita Agarwal Date: 2021.08.04 16:33:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.08.04 16:34:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad