RAJKMAR GOYAL Vs. MUNICIPAL CORPORATION GWALIOR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-

(2.) It is the case of the petitioner that the Municipal Corporation, Gwalior decided to carry out the construction work (CC Floor and Drainage System) in Ward No. 65 Gokulpur, Ward No. 65, Shanti Nagar and in Indian Overseas Bank Colony, Gwalior and for that purpose, NITs were issued by the Municipal Corporation, Gwalior.

(3.) The respondent has filed its return. It is submitted by the counsel for the respondent that one petition has been filed arising out of three different contracts, therefore, in the light of High Court Rules, single petition is not maintainable because provisions of Order 2 Rule 3 of CPC are applicable to writ petition also and, therefore, the petitioner should have filed three different writ petitions. Another preliminary objection of the respondent is that as per Clause 12 of the General Condition of Contract, there is a Dispute Resolution System and the petitioner was required to submit his representation before the competent authority within 45 days of its first occurrence and dispute after 45 days can not be entertained.