KIRAN SHARMABABU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE factual matrix and controversy involved, the points urged and further on the basis of concession given, both he writ petitions were heard analogously and are disposed of by this common order. It is condign to state here that though the presentableness of different orders have been called in question by the petitioners by assailing them on different spectrums, for the sake of proper adjudication, the facts which are essentially to be stated encapsuling the essence in singular compartment, are adumbrated herein. Be it placed on record though the assail is to the orders passed by the Civil Court, the learned Counsel appearing for the parties have conceded for delineation of the controversy by this Court which would put an end to the cavil that has arisen in the civil suit.

(2.) THE facts which are necessitous for the disposal of the writ petitions are that the State of M. P. formulated a scheme regarding supply of afternoon meal to the school children. To give effect-to the said scheme the respondent No. 2, namely, Chief Municipal Officer, Municipal Council, Sehore invited tender as per Annexure P-2 for providing the afternoon meal to the school children under the Council. It was specifically stipulated in the notice inviting tender that the offer below Rs. 1. 01/- for items mentioned in the serial Nos. 2 to 5 in the schedule of the notice inviting tender would not be accepted. The petitioner, Kiran Shukla, in W. P. No. 8850/05 quoted a rate of 90 paise per student and Babu Singh quoted 115 paise per student. As pleaded he was issued the work order on 4-7-2005,and an agreement was executed on 5-7-2005. At this juncture, Kiran Shukla raised a complaint before the Collector, Sehore on 18-7-2005 and the Collector after conducting an inquiry expressed the view on 19-7-2005 that proper procedure was not followed in inviting tender which ensued in issuance of a direction on 21-7-2005 to the Municipal Council to cancel the tender and reinvite the same and till the time new tender was not finalised, the afternoon meal shall be managed by the Municipal Council, Sehore itself. On the basis of the aforesaid order the Municipal Council, Sehore communicated Babu Singh, the awardee of the contract, that his agreement was cancelled and till the new arrangement is made he would continue the arrangement the afternoon meal for a period of one month from the date of execution of the agreement.

(3.) BEING dissatisfied with and aggrieved by the aforesaid action Babu Singh instituted a civil suit in the Court of First Additional District Judge, Sehore forming the subject matter of C. S. No. 14-A/2005 on the ground that proper procedure was not followed as envisaged under the provisions of M. P. Municipalities Act, 1961 (in short "the Act") before cancellation of contract. A prayer was made for declaration and permanent injunction assailing the order of the Municipal Council but there was no challenge to the order passed by the Collector, Sehore. The learned Trial Judge by order dated 4-8-2005 passed the order of status quo on the basis of concession on proffered by the Municipal Council. At this stage Kiran Shukla filed an application under Order 1 Rule 10 of the Code of Civil Procedure seeking impleadment as defendant which stood rejected by order dated 17-8-2005.