MAHTAB ALAM Vs. NAGAR PANCHAYAT DISTT GONDA

JUDGEMENT

(1.) AGGRIEVED by the illegal cancellation of the contract bid of the petitioner for realising Vahan Adda Shulk of the vehicles within the limit of Nagar Panchayat Pachperwa, District Gonda and the allotment made in favour of one Sri Dharmendra Pratap Singh by order dated 28-4-1977 contained in Annexure-5 to the writ petition and the order dated 23-4-1997; by which the Commissioner, Faizabad Division, Faizabad has communicated the said decision to the District Magistrate, Gonda the petitioner has approached this Court under Article 226 of the Constitution seeking to quash the orders dated 28-4-1997 and 23-4- 1997 passed by the Executive Of ficer, Nagar Panchayat, Pachperwa, District Gonda and the Commissioner, Faizabad Division, Faizabad, respectively.

(2.) ACCORDING to the petitioner a notice dated 12-3-1997 was issued by the Nagar Panchayat inviting tenders/sealed offers for the auction of 'vahan Adda Shulk' and the offers were to be submitted on 22- 3-1997. The petitioner after completing the neces sary te'rms and conditions of the notice of fered bid of Rs. 2, 05, 000. The bid of the petitioner was found to be the highest and was accepted by the Chairman of the Nagar Panchayat and petitioner was required to execute the agreement for realising the 'vahan Adda Shulk' through letter dated 31-3-1997. The petitioner after depositing 1/4th amount of bid i. e. Rs. 51, 250 signed the agreement and the Chairman also ex ecuted the documents on behalf of Nagar Panchayat, thus, a concluded contract has come into existence. It has been alleged by the petitioner that all of a sudden on 28-4-1997 the opposite party No. 2 on the basis of an order passed by the Commissioner, Faizabad Division, Faizabad dated 23-4-1997 cancelled the petitioner's contract and it was further communicated that second highest bid of Sri Dharmendra Pratap Singh has been accepted.

(3.) THE learned Standing Counsel was also directed to obtain instructions and file counter-affidavit.