M/S PRAKASH SECURITIES SERVICES AND WORKER CONTRACTOR Vs. GWALIOR SUNSHINE LABOUR AND SECURITY PVT. LTD. AND OTHERS

JUDGEMENT

(1.) The present review petition has been preferred by the petitioner seeking review of the order dated 04/05/2018 passed in W.A. No.561/2018 wherein the appeal preferred by the appellant (respondent No.1) has been allowed in part by modification of order of learned Single Judge with a direction that respondent No.4 of writ petition shall take appropriate steps to issue work order in favour of the petitioner/appellant within two weeks from the date of receipt of certified copy of the order.

(2.) Precisely stated facts of the case for adjudication are that present respondent No.1 (petitioner/appellant) filed a writ petition before learned Single Judge being aggrieved by the order dated 28/10/2017 passed by the respondents by which tender of security of District Hospital, Shivpuri has been awarded in favour of respondent No.5 i.e. present review petitioner.

(3.) Learned Judge vide order dated 18/12/2017 stayed the effect and operation of the impugned order dated 28/10/2017. Reply was filed by the State Government in which factum regarding constitution of committee was referred which examined the tender proceedings and found the award of contract in favour of respondent No.5/present petitioner suffering from arbitrariness and default by respondent No.5 in not depositing the security amount as per the requirement of the contract. On the basis of stand taken by the respondents, learned Single Judge declined the relief for issuance of work order in favour of the petitioner of writ petition on the ground that since the entire auction proceedings have been found vitiated and has been cancelled therefore, relief sought by the petitioner cannot be granted.