HC stays 'tehbazari' contract termination

Allahabad, July 10 (UNI) Allahabad High Court has stayed the termination of 'tehbazari' agreements cancelled on the ground that the picture was abolished by the Uttar Pradesh government.

The court observed 'tehbazari' could not be cancelled on this ground.

However, a two-judge bench comprising Justices Yatindra Singh and R K Rastogi clarified in case no agreement had been executed between the parties (person in whose favour collection of 'tehbazari' granted and local bodies), then it will not be obligatory for the local bodies to execute the agreement.

The order was passed on a bunch of writ petitions.

The court has fixed August 21, 2006 for next hearing, by which time the state counsel has been asked to file counter affidavit.

The petitioners had moved court challenging the proposed rule by the state govenment abolishing 'tehbazari', as well as the orders of respective local bodies by which agreement of 'tehbazari' had been cancelled.

The petitioners claimed that rules abolishing 'tehbazari' had neither been published nor come into force.

It was also pleaded there was nothing in the proposed rules to cancel the proposed agreements and further that agreement already entered could not be cancelled.

UNI XC VS VD DB2146