Deodar Ropeways & Infra Limited vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought the following reliefs:-

(a) A writ of or in the nature of Mandamus do issue forthwith revoking, cancelling, setting aside and/or quashing the authority or permission granted to the respondent No. 4 to continue to operate the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar;

(b) A writ of or in the nature of Prohibition do issue prohibiting the respondents or any of them from giving any effect or further effect to any such permission or authority granted to the respondent No.4 to operate the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar or from in any manner acting in terms thereof;

(c) A writ of or in the nature of Mandamus do issue directing the respondent authorities to forthwith call for a tender for management and operaton of the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar for a further period of thirty years and to proceed with and conclude the tender proces within such time as to this Hon'ble Court may seem just and proper;

(d) Rule nisi in terms of the prayers above;

(e) An order of injunction be made restraining the respondents from giving any effect or further effect to the permission or authority granted to the respondent No. 4 to continue to operate the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar even after the expiration of the period of contract;

(f) An order of mandatory injunction do issue directing the respondent authorities to forthwith publish a tender inviting eligible parties to bid for operation of the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar for a further period of thirty years, with a direction to complete such process within such time as this Hon'ble Court may fit and proper;

(g) Pending consideration of the reliefs sought in the instant application, a Special Officer be appointed to collect all ticket sale proceeds of the Cabin-ride Aerial Ropeway from the terminal station from Brahampuri to Mayapur, Haridwar and to keep the same in an interest bearing account, subject to such order that may be passed by this Hon'ble Court with regard to the same;

(h) An ad interim order be made in terms of prayers (e), (f) and (g) above;

Learned counsel for the respondent nos.2 & 3 submits that the State Government has taken a decision on 16.09.2021 that the Nagar Nigam, Haridwar shall take steps for operating Mansa Devi Temple Ropeway on 'O' & 'M' (Operation & Maintenance) Basis for a period of two years.

It is thus apparent that the apprehension expressed by the petitioner that lease earlier granted to respondent no. 4 has been extended, is unfounded. Thus, the cause of action does not survive.

Accordingly, the writ petition is dismissed as infructuous.