SHAFIQ KHAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Shri Mohd. Arif Khan, learned counsel for the petitioner.

(2.) The petitioner claims himself to be a registered contractor of Nagar Panchayat, Sidhauli, District Sitapur. In pursuance of tender notice dated 4.4.2000 published in news paper, the petitioner submitted his tender to the opposite party no. 2 (Nagar Panchayat Sidhauli, District Sitapur) offering his rate i.e. 5% higher than the scheduled rates. The Opposite party no. 3 (Executive Officer, Nagar Panchayat, Sidhauli, District Sitapur) vide its letter dated 10.5.2000 called upon the petitioner to give his written consent for performing the work of construction of Nali, for which tenders were invited on the scheduled rates, failing which his tender shall stand automatically cancelled. The petitioner had neither given his written consent nor appeared before the opposite party no.3 for performing the construction work of Nali. A reminder was issued on 29.5.2000 to the petitioner seeking his consent to perform the construction work of Nali on the scheduled rates. The petitioner appears to have been informed to the Executive Officer, Nagar Panchayat Sidhauli, Sitapur as well as Sub Divisional Magistrate, Sidhauli, Sitapur and shown his inability to perform the work on the scheduled rates due to price escalation in the building material. The tender submitted by the petitioner was not accepted by the opposite parties on rates given by the petitioners rather he was called upon to perform the work at the scheduled rates. Subsequently by notice dated 13.7.2000 published in news paper"Swatantra Bharat" on 15.7.2000 the petitioner was again called upon to submit his written consent, failing which he would be intimated by the District Magistrate, Sitapur for cancellation of his Theka. However, even without issuing notice to the petitioner prior to passing the order impugned dated 21.9.2000 the petitioner was black listed on the ground that despite letter/notice the petitioner has neither given his written consent to perform the work of construction of a Nali on the scheduled rates nor has turned up before opposite party no. 3.

(3.) The order impugned dated 21.9.2000 passed by opposite party no. 1 (Annexure No. 4) read as under:-