SULABH INTERNATIONAL SOCIAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an organization which innovated setting up of public utility like public toilets and maintaining them.

(2.) CONSIDERING their works, the State Government decided to direct various local bodies to give the work of construction and maintenance of public toilet to the petitioner's organization on basis of an agreement on long term basis. Accordingly, after negotiation with various municipalities in Bihar, the petitioner took up the work of repairing of old toilets constructing new toilets with grant from the Municipality and then for maintaining them on agreed terms. For this they employed a large number of persons. Once such arrangement, which was being managed by the petitioner being entrusted by the Purnea Municipality was in Purnea town. What has brought the petitioner to this Court is that without notice, without initiating any proceeding and without granting any opportunity to the petitioner to defend the arrangement with the petitioner was cancelled by the Municipal Commissioner in their meeting dated 12.9.2005 and pursuant thereto respondent Nos. 6 and 7 were informed by letter dated 14.9.2005 (Annexure 5) that the agreement with the petitioner had been cancelled and now the respondent Nos. 6 and 7 are being put in that possession on payment of Rs. 11,000/ - per year to the municipal Corporation.

(3.) HEARD the parties and with their consent this application is being disposed of at the stage of admission itself.