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2019 Supreme(All) 1991

P.K.JAISWAL, JASPREET SINGH
Aaryan Group of Guard Services – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : V.K. Singh
For the Respondent: C.S.C. and Vivek Singh

JUDGMENT :

1. Heard Dr. V.K. Singh, learned counsel for the petitioner, Shri. Vivek Singh, learned counsel for the respondent No. 2 and Shri. Bisen, learned standing counsel for the respondent No. 1.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of the order dated 31.3.2018 passed by the respondent No. 2, by which the agreement dated 4.8.2016 executed between the petitioner and the respondent No. 2 has been cancelled.

3. The brief facts of the case are that the respondent No. 2 invited tender for sanitation work on 5.7.2016 for five wards of the Nagar Palika i.e. Ward Nos. 5, 10, 15, 19 and 23. The petitioner participated in the aforesaid tender and being successful in the tender, he was awarded the said work by order dated 4.8.2016 for an amount of Rs. 26,32,680/- per month. The said agreement executed between the petitioner and the respondent No. 2 on 4.8.2016 was for a period of 20 years. On 31.3.2018, the aforesaid agreement was cancelled as the petitioner was not performing the work as per the terms of the work-order. After termination of the agreement, the petitioner made representation to the respondent No. 2 an

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