RAJESH KUMAR PANDEY Vs. ZILA PANCHAYAT ALLAHABAD

JUDGEMENT

(1.) THE petitioner is challenging the grant of contract for excavation of Sand and Morang in favour of Respondent No. 3 in this writ petition.

(2.) LEARNED Standing Counsel, Sri R.K. Ojha and Sri P.S. Mishra may file counter -affidavit within three weeks. List thereafter.

(3.) LEARNED Standing Counsel submits that only the State Government can give the contract but Sri Ojha submits that the Zila Panchayat is entitled to give the contract. We are not deciding this controversy at this stage because, prima facie, we are of the opinion that the contract given to Respondent No. 3 is illegal for the reason already mentioned above. Hence, we direct the competent authority concerned to settle the contract in question, after advertising it in two well known newspapers having wide publication and thereafter putting it to public auction after giving notice to all eligible person concerned. This procedure is essential to comply with Article 14 of the Constitution and to ensure transparency in grant of public contracts.