Allahabad High Court
MAYANK SHYAM AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the tender has been cancelled, rendering the reliefs sought moot.
Summary
The petitioners filed a writ petition seeking quashing of two public notices and mandamus directing the respondent to follow a 2020 notification and grant rooftop permission for a private building. Respondent No.2 produced an order dated 23.04.2026 showing that the tender in question had already been cancelled by the Executive Officer of Nagar Palika Parishad Khoda Makanpur. The petitioners could not dispute this cancellation. The Court held that, in view of the tender's cancellation, the reliefs sought were moot. Consequently, the petition was consigned to the records and dismissed.
Issues considered
- Whether the public notice dated 20.04.2026 and the online notice dated 21.04.2026 can be quashed by certiorari.
- Whether mandamus can be issued directing the respondent to follow the 2020 Advisement Tax/Fees Assessment and Recovery Bye-Laws notification.
- Whether mandamus can be issued granting permission for rooftop construction under the said notification.
Subjects
- writ petition
- certiorari
- mandamus
- public notice
- tender cancellation
- administrative law
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17348 of 2026
Mayank Shyam And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Praksah
Counsel for Respondent(s) : C.S.C., Rakesh Kumar Singh
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioners, learned standing counsel for
the State-respondent no. 1 and Sri Rakesh Kumar Singh, learned counsel
appearing on behalf of the respondent nos. 2 & 3.
2. The petitioners by means of the present writ petition have prayed for
the following relief:
"1. issue writ, order or direction in the nature of certiorari quashing the impugned
public notice dated 20.04.2026 and online notice dated 21.04.2026 issued by opposite
party no. 2.
2. issue writ, order or direction in the nature of mandamus directing opposite party
no. 2 to follow notification number 1436/APP KM-Advisement Tax/2019-20 dated
21.03.2020, on 05.12.2020, issued by the State of Uttar Pradesh 'Advisement Tax/Fees
Assessment and Recovery Bye-Laws 2020'.
3. issue writ, order or direction, in the nature of mandamus directing opposite party
no. 2 granting permission to the petitioners in respect of roof tops of Private building
in accordance with notification number 1436/APP KM-Advisement Tax/2019-20 dated
21.03.2020, on 05.12.2020, issued by the State of Uttar Pradesh 'Advisement Tax/Fees
Assessment and Recovery Bye-Laws 2020'.
3. At the very outset, Sri Rakesh Kumar Singh, learned counsel appearing
on behalf of the respondent nos. 2 and 3 submits that the tender in
question has been cancelled by the Executive Officer, Nagar Palika
WRIC No. 17348 of 2026
2
Parishad Khoda Makanpur Tensil and District Ghaziabad vide order dated
23.04.2026. He has produced a copy of the order dated 23.04.2026 before
the Court which is taken on record.
4. Learned counsel for the petitioners could not dispute the said fact.
5. In the light of such facts, the present writ petition is consigned to
records.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 5, 2026
Arif
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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