SAMEER AHMAD Vs. NAGAR PALIKA PARISHAD & OTHERS

JUDGEMENT

(1.) WHETHER a contract may be awarded (in the present case, for taxi stand) without inviting tender or open auction is the question cropped up for adjudication in the present writ petition filed under Article 226 of the Constitution of India. By an advertisement dated 22.3.2013 (Annexure No. 2), the respondent Nagar Palika Parishad, District Gonda has invited tenders for open auction of its taxi stand, three -wheeler stand and Public Toilet (Sulabh Shauchalaya) at Baraganon, Ladies Hospital and Sabji Mandi. For taxi stand, security amount fixed was Rs. 9 lacs whereas for three -wheeler, it has been fixed for Rs. 2 lacs. 30.3.2013 was the date scheduled for open public auction.

(2.) IT appears that the petitioner and others had participated in open auction scheduled on 30.5.2013 along with others. The petitioner's bid was Rs. 77,51,000/ -. The bid of one Rajesh Singh was Rs. 1 crore 23 lacs and being the highest bidder, the contract was awarded to him. The bid of the opposite party No. 3 Smt. Rabbul Nisha wife of Shri. Sabir Ali was Rs. 1 crore 22 lacs as the second highest bidder for Taxi stand. However, Shri. Rajesh Singh failed to deposit 50% amount of the auction money on the same day. In consequence thereof, the security amount of Rs. 9 lacs was forfeited and fresh advertisement was made on 18.4.2013 (Annexure No. 3) scheduling the date of open auction as on 26th April, 2013 with same terms and conditions.

(3.) IT appears that after failure of public auction, the respondent Nagarpalika Parishad has not notified for fresh auction; rather accepted the application moved by the opposite party No. 3 Rabbul Nisha and awarded the contract of taxi stand for an amount of Rs. 75,51,000/ -. An application was moved by the opposite party No. 3 on 3.5.2013 for allotment of taxi stand up to 31.3.2014 which was accepted and accordingly, agreement was signed between the parties.