OBALAPATHI S/O. LATE RAMAIAH, NARESH S/O. LATE OBALESH Vs. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE - 2 AND OTHERS

JUDGEMENT

(1.) THE petitioners are temporarily permitted by the Bruhath Bangalore Mahanagara Palike, Bangalore (for short the BBMP) to maintain the Nirmala Public Toilets. The work orders issued to the petitioners are at Annexures -C, C1 and C2 respectively. The contention of the petitioners is that the said work orders have been issued in pursuance of the circular at Annexure -A dated 24.8.2009. In so far petitioner No. 1 is concerned, the work order at Annexure -C has been issued on 3.9.2011. The work orders at Annexures -C1 and C2, have been issued In favour of petitioner Nos.2 and 3 on 27.8.2011. Though they were issued with the aforesaid work orders, they are not permitted to execute the same. It is further contended that despite the issuance of the aforesaid work orders, certain other persons are illegally maintaining the public toilets in quesion. Therefore, they have filed these writ petitions for a mandamus directing the respondents to hand over the aforesaid public toilets to enable them to maintain the same in terms of the aforesaid work orders.

(2.) SRI . B.V. Muralidhar learned Counsel appearing for the respondents submits that the circular at Annexure -A dated 24.8.2009 has already been withdrawn by the BBMT by its order dated 6.4.2010. The work order at Annexure -C dated 3.9.2011 has been withdrawn by the order dated 1.10.2011 and the same has been communicated to petitioner No.1. It is further submitted that in so far as petitioner Nos.2 and 3 are concerned, they will be permitted by the BBMP to maintain the public toilets in terms of the work orders at Annexures -C1 and C2, both dated 27.8.2011. The BEMP will issue the tender notification inviting the applications from the contractors for maintenance of the aforesaid public toilets

(3.) IT is relevant to mention here that the. State or instrumentalities should not give contracts by private negotiation. Ordinarily all contracts by the Government or by an instrumentality of the State should be granted only by public auction or by inviting tenders. Therefore, the BBMP is directed to issue the tender notification inviting the applications within one month from the date of receipt of this order from the eligible contractors for maintenance of the toilets in question. Till the conclusion of the tender process, petitioner Nos.2 and 3 are permitted to maintain the toilets in question, in terms of the work orders at Annexures -C1 and C2, The writ petitions are disposed of accordingly. No costs.