ADITYA SINGH RAJPUT Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition filed under Article 226/227 of the Constitution of india the petitioner has challenged the order dated 19. 7. 2007 (Annexure p-3) by which the respondent No. 2 awarded the contract of collection of daily and weekly Bazar Fees for the remaining period of the year 2007-08 in favour of respondent No. 3.

(2.) ACCORDING to the petitioner,the respondent No. 2 Municipal Council hoshangabad issued a notice of public auction to lease-out the right of collection of Bazar fees. Pursuant to the said notice he and one other person participated in the auction bid. The petitioner was the highest bidder on 16. 7. 2007 with offer of Rs. 5,56,000/ -. He alleges that though he stood highest but his bid was not accepted and on 19. 7. 2007 vide impugned order the application of the third respondent has been illegally and arbitrarily accepted and contract has been awarded.

(3.) THE Municipal Council filed return and have produced the original record for perusal. According to the Municipal Council during the previous year of 2006-07 the contract for the collection of the Bazar fees was given to a private Contractor for an amount of Rs. 8,90,000/ -. For the year 2007-08 initially no contract was awarded to any private person and the collection was done by the Municipal Council itself through its employees. Subsequently, it was observed that the collection was less as compared to the collection made in the previous years during the same period. In order to avoid financial loss to the Municipal Council the decision was taken to award the contract for collection of Bazar Fees for the remaining period through private contractor by inviting bids through public auction. For the said auction offset price was fixed as rs. 6,90,000/-keeping in view the contract amount of the previous year and also keeping in view the remaining span of the period.