(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this Public Interest Litigation, writ-petitioner has prayed for writ of mandamus or any other appropriate writ, order or direction upon the respondent authority to take appropriate action against the respondent authority for giving right to the private respondent to install traffic system in the city of Mehsana.
The petitioner has alleged that such contract has been given in violation of Section 67 of the Gujarat Municipalities Act, 1963 ["the Act" for short]. Our attention has been drawn to the fact that by virtue of sub-section [3] of the said Section, Chief Officer, for reason to be recorded in writing, can permit the Municipality to enter into a contract without inviting tender or without accepting any tender.
We further find that already proceeding has been initiated under Section 258 of the Gujarat Municipalities Act and the Collector has entertained such proceeding and wherein investigation is going on regarding giving of contract in favour of the private respondent.
Such being the position, we do not find any reason to entertain this Public Interest Litigation at this stage. At any rate, the Collector shall dispose of the proceedings under Section 258 of the Act within one month from today.
The petition stands disposed of accordingly.
We make it clear that we have otherwise not gone into the question whether really there is any illegality or irregularity in the matter of grant of contract in favour of the private respondent.
Let this order be communicated to the concerned authority through the learned Government Pleader.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
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