GAJENDRA SINGH Vs. NAGARPALIKA NIGAM GWALIOR

JUDGEMENT

(1.) The brief facts for the purposes of this petition preferred under Art.226 of the Constitution of India are as under :The Municipal Corporation, Gwalior invited tenders for the purpose of giving contract to look after the boating in the Savarkar Sarovar, Gwalior. The advertisement, in this regard, was issued in the local newspaper. The tenders were opened on 21 st of December, 1993. The petitioner's offer was for Rs. 60,500/ - for three years. Since the offer of the petition was highest, he was required to deposit Rs. 20,200/- as contract money. This was deposited vide receipt No. 391/148/93 on 27-12-1993.

(2.) The grievance of the petitioner is that his offer was the highest and, therefore, the action of the Municipal Corporation in not accepting the same cannot be sustained. Annexure-P/3 is a resolution adopted by the Corporation. A view was formed by its Administrator that the contract may be given to the petitioner for a period of three years from 1-1-1994 to 31-12-1996. In the last portion of the order it has been mentioned that the agreement may be got approved from Corporation Counsel. It was further provided that before entering into agreement the papers be put before the Administrator. However, the Municipal Corporation took a final decision not to accept the offer of the petitioner. This decision is at Annexure-R/3. A decision was taken not to go ahead with the tenders in question and that the Corporation itself would look into this.

(3.) The petitioner's grievance is against this decision of the Corporation. So far as Annexure-R/3 is concerned, petitioner's counsel admits that it was never communicated to his client. The question, therefore, arises as to whether any rights accrue to the petitioner on the basis of order Annexure-R/3. As noticed above, the resolution Annexure-P/3 remained an inter-departmental communication. It was never communicated to the petitioner. As such, no right came to vest in the petitioner.