PARBANANDA DAS Vs. EXECUTIVE ENGINEER,

JUDGEMENT

(1.) THIS rule was issued on an application under Article 226 of the Constitution. The facts alleged in the petition which led to the filing of the present petition are that on the 2nd September, 1959 the Executive Engineer, Relief and Rehabilitation, Engineering Division, Assam, Shillong who has been impleaded as opposite party No. 1 to this petition, called for sealed tenders in his office for develop merit works of the Urban Colony at Bongaigaon in the district of Coalpara. The petitioner submitted his tender and deposited a sum of Rs. 787/ - as the earnest money.

(2.) THE petitioner alleges that he started work thereafter and had to spend about Rs. 2,000/ - to Rs. 3,000/ - for making the arrangement to start work. On the 10th December, 1959 the petitioner received a letter from opposite party No. 1 that the Government had awarded the contract to Sri Krishna Kanta Das opposite is arty No. 8 and had accordingly cancelled the formal contract which he had executed on behalf of the Government with the petitioner.

(3.) DR . Medhi for the petitioner further submitted that the Government decided to award the work to Sri Krishna Kanta Das in accordance with the Government Circular No. ABM 18/50/14 dated 4th August, 1956. This circular is violative of Article 16 of the Constitution.