HC rejects demand to quash GO scrapping 'tehbazari'

Allahabad, Nov 16 (UNI) A division bench of the Allahabad High Court today rejected the demand made in writ petitions for quashing the government order of June 14, 2006, whereby the Uttar Pradesh government had taken a policy decision to scrap 'tehbazari' system in the state.

The bench quashed an order dated June 17, 2006, whereby the Nagar Nigam, Gorakhpur -- on the basis of the scarping of 'tehbazari' policy in the state -- cancelled the agreement of petitioners given to them for one year for realising 'tehbazari'.

The bench comprising Justice A K Yog and Justice R Rastogi passed the judgement on a writ petition filed by Santosh Kumar Yadav and others.

The court partly allowed the writ petition and quashed the order of cancellation of agreement granted in favour of the petitioners for realising 'tehbazari'.

The court, however, made it clear that the respondents shall not interfere with the petitioners' right of 'tehbazari' in pursuance of the agreement executed between the parties till December 31, 2006 unless the agreement in petitioners' favour is terminated earlier in accordance with law.

The court further said that the petitioners would have no right whatsoever and they should vacate the site in question forthwith on the expiry of agreement period. The agreement period of the petitioners on the basis of old 'tehbazari' system were made between the petitioners and Nagar Nigam from January 1, 2006 to December 31, 2006.

The court rejected the relief of the petitioners for quashing of the government order of June 14, 2006 whereby the policy decision to scrap 'tehbazari' in the state was taken by the government.

But prior to the enforcement of the government order, the agreement between the petitioner and the Nagar Nigam was made for one year for realising 'tehbazari', therefore, the court partly allowed the petition in favour of the petitioners saying that their agreement shall not be terminated by the respondents till December 31, 2006 unless the same is not terminated in accordance with the law.

It may be noted that the state government on June 14, 2006 had introduced a policy decision to scrap 'tehbazari' system in Uttar Pradesh in view of practical inconvenience and to avoid traffic hazards on the roads.

Taking into consideration relevant facts, the state government had decided that all local bodies should with immediate effect, discontinue the system of 'tehbazari' and informed that details of alternative scheme/arrangements should be declared later by the government. This policy decision of the government was challenged and the court rejected the same.

UNI XC-JL ATI MS BD1702