RAM SEWAK GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) IT has been submitted on behalf of the petitioner that the Nagar Nigam has been pursuing two different policy in the matter of collection of the Tehbazari in most part of the City. The Nagar Nigam gave collection of Tehbazari through a contractor after giving oppor tunity to the contractors to give their tenders but as far as the collection of Teh bazari of Chinhat Bazar is concerned, in stead of collecting Tehbazari through con tractor, the Nagar Nigam authority col lected Tehbazari through its own employees, as a result of which the Nagar Nigam suffers financial loss to the tune of Rs. 7 lacs because the Nagar Nigam gets around Rs. 2,000/- per week only from the Tehbazari. IT was submitted that if the Teh bazari would have been collected by the contractor whose tender's bid was highest then the income of Nagar Nigam would have increased considerably.

(2.) WE are of the view that the ques tion as to whether the Nagar Nigam should collect the Tehbazari either from its employees or through a contractor amounts to a policy matter which the Nagar Nigam itself may pursue. The right would have been exercised by inviting tenders and if decision making process of giving Theka to a person is found to be arbitrary then this Court could have cer tainly intervened.

(3.) HOWEVER, it will be open to the petitioner to approach the Nagar Nigam in that regard and it is expected that the Nagar Nigam will consider the request of the petitioner. Petition dismissed. .