OM PRAKASH TEWARI Vs. DISTRICT MAGISTRATE BALLIA

JUDGEMENT

(1.) The petitioner's case, in short, in the present Writ Application, is that the petitioner was granted a contract for the period 1-4-1994 to 31-3-1995 for the realisation of Tahbazari over Bus-Taxi Stand on Ballia Sikandarpur Road for Rs. 20,500.00 on the basis of his participation in the auction held on 24th Feb. 1994 pursuant to advertisement published in the Newspaper. The petitioner had made an application to the District Magistrate/ Officer Incharge, Nagarpalika Parishad, District Ballia, for granting him contract for the period 1995-96 at an enhanced rate of 20% than the earlier year. Ignoring the said application, the District Magistrate granted a contract to one Rameswar Singh Yadav for the period 1995-96 at an enhanced rate of 20% from the earlier year, namely, for Rs. 24,600.00. The petitioner is also ready and agreed to tender the said amount. He has also contended that the contract ought to have been awarded through auction or by inviting tender and not otherwise. Therefore, he prays for setting aside the grant of contract to the said Rameshwar Singh Yadav.

(2.) The writ peition is contested by the Nagarpalika Parishad by filing a counter affidavit. In the said counter affidavit, it has not been asserted that any auction was held or that any notice was published. On the contrary, it was contended that two applications dated 2nd Feb. 1995 and 21st Feb. 1995 were received by the respondent from the petitioner. In the first application, he had offered to enhance at the rate of 1.0% over the rate of 1994-95, whereas in the second, he had offered 20% after the auction was held on 16th Feb. 1995, whereas the said Rameshwar Singh Yadav had tendered 20% over the 1994-95 rate which was accepted.

(3.) Admittedly neither any auction was held nor any tender was invited. It appears that the contract was granted through private negotiation.