AIJAZ BASHIR SHAH Vs. SKIMS AND ORS.

JUDGEMENT

(1.) The respondents have filed MP No. 1336/2014 seeking vacation of ad -interim order dated 21.11.2013 passed by the Court in the miscellaneous petition accompanying the main writ petition staying the operation of order dated 19.10.2013 and notice dated 02.11.2013 impugned in the writ petition. On this application coming up for consideration, the learned counsel for the parties consented to final hearing of the main writ petition itself. Accordingly, the learned counsels for the parties were heard. I have also perused the materials placed on record of this file and considered the matter.

(2.) Briefly put, the facts of the case are that SKIMS Medical College Hospital, Bemina, Srinagar, Kashmir, issued auction Notice No. SKIMS MCH/Est -10/2012/772 -75, dated 27.06.2012 inviting bids for allotment of car parking contract in the Hospital premises. The petitioner's offer at Rs. 6,60,000.00 was accepted in terms of letter of intent issued under to him under Endorsement No. SKIMS/MCH/EST/10/2012/798 -806, dated 18.8.2012 requiring him to undertake the job of car parking with effect from 18.08.2012 as per the terms and conditions detailed in the tender notice. It appears that out of the aforesaid bid amount of Rs. 6,60,000.00, the petitioner paid an amount of Rs. 3,00,000 and rest of the amount remained outstanding against him.

(3.) The petitioner's case is that the respondents, without any lawful justification, changed the position of the actual parking area notified in the auction notice, inasmuch as they started allowing parking of departmental ambulances, vehicles and staff cars in the said area; decreased the dimensions of the parking area by altering its fencing and thereby allowing the petitioner to conduct the parking activity on a limited space. This, according to the petitioner, was done with effect from 15.01.2013. The petitioner is said to have represented against the same. That apart, it is alleged that by Circular dated 23.02.2013 the respondents ordered that the main parking area shall act as night parking area.