Court No. - 46
Case :- WRIT - C No. - 34563 of 2021 Petitioner :- Ramesh Chandra Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Bhushan,Abhishek Bhushan Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
Heard learned counsel for the petitioner; and the learned Standing Counsel for the respondents.
The petitioner has challenged the advertisement dated 02.12.2021 to the extent it relates to Item No.22 contained therein. The basis of challenge is that by Item No.22, a tender is invited for an interlocking road project starting from one point to the other.
It is the case of the petitioner that in between the two points mentioned in Item No.22, an agricultural plot of the petitioner would fall therefore, without acquiring petitioner's land, such tender should not have been invited.
The Court put a specific question to the counsel for the petitioner whether the entire land in between the two points is owned by the petitioner.
The learned counsel for the petitioner fairly stated that the entire land between the two points is not owned by the petitioner.
In such circumstances, keeping in mind that the tender has not been invited for construction over the plot of the petitioner, we are of the view that a challenge laid to the advertisement for the concerned project is misconceived. Because, if, during execution of the project, the petitioner's property rights are affected, he is always free to take recourse to such civil remedies, as he may be advised.
Subject to above, the petition is dismissed.
Order Date :- 24.12.2021 AKShukla/-