Court No. - 3
Case :- WRIT - C No. - 18214 of 2020 Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Pandey,Ved Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondents 1 to 3; and perused the record.
It appears that by an office order dated 14th August, 2019, issued by the Executive Engineer, Naraura Khand, Nichali Ganga Nahar, district Aligarh right to collect rent at a Ghat was conferred on the petitioner on the basis of an auction. That right was exercisable with effect from 1st July, 2019 up to 30th June, 2020.
The case of the petitioner is that that right could not appropriately be exercised on account of intervening circumstances and therefore the period to exercise that right be extended for a period of six months as per circular of the Finance Ministry dated 19th May, 2020.
The petitioner has not enclosed copy of any such circular but has enclosed photocopy of the extracts of certain web- post which suggest that the deadline to fulfill contractual obligations have been extended up to six months.
As it is not the case of the petitioner that he was to fulfill any particular obligation, the said circular would not confer any benefit upon the petitioner. More over, if, on account of any interference caused by the respondents, the petitioner has not been able to exercise his contractual rights it is always open to the petitioner to seek for damages in a regular civil proceeding, if so advised. But as the period of his contract has already come to an end, no relief can be granted to the petitioner, as has been prayed for, in the writ jurisdiction.
Subject to above, the petition is dismissed. Order Date :- 8.1.2021.
Rks.