Court No. - 29
Case :- WRIT - C No. - 14932 of 2019 Petitioner :- Talat Aisha Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ambrish Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is aggrieved by the order dated 12.03.2019 passed by the Managing Director, U.P. State Tourism Development Corporation Limited by which permission has been refused to the petitioner to revoke the license with regard to the parking area in between before the expiry of the period of contract.
The contract dated 26.09.2018 regarding the license to run the parking area reveals that there is an arbitration clause and all disputes arising in respect of the same are arbitral by the Managing Director, U.P. State Tourism Development Corporation Limited, but the said arbitration is meaningless as the order impugned itself has been passed by the Managing Director.
The submission of learned counsel for the petitioner is that in view of clause 16 of the agreement, a license can be revoked midway. The argument has no force for the reason that the said clause only provides the U.P. State Tourism Development Corporation Limited to cancel or revoke the license in between after a month's notice in that regard but that opportunity is not available to the petitioner.
The petitioner has to run the parking area for the entire period of contract i.e. from 26.09.2018 to 25.09.2019. The aforesaid clause also clearly provides that the licensee has no authority to refuse to run the parking area before the expiry of the term.
In view of the aforesaid facts and circumstances, we find no illegality in the order passed by the Managing Director, which may warrant exercise of discretionary jurisdiction by this Court.
The petition is devoid of merits and is, accordingly, dismissed. Order Date :- 30.4.2019 Nirmal