Court No. - 32
Case :- WRIT - C No. - 39005 of 2018
Petitioner :- Mahendra Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Kamal Krishna Roy,Shashank Kumar Counsel for Respondent :- C.S.C.,Sr. Adv. H.N. Singh,V.K. Shukla
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
As directed by this Court, the record of Zila Panchayat relating to convening of meeting on 25.9.2018 as well as issuance of tender notice dated 26.10.2018 have been placed before this Court today.
This writ petition, inter alia, has been filed for the following reliefs;
"B. Issue a writ, order or direction in the nature of mandamus commanding and directing to the Respondent No.
3 not to give effect to the tender notice dated 26.10.2018 issued by the Apar Mukhya Adhikari/Respondent No. 5."
The main contention of the learned counsel for the petitioner is that the impugned tender has been invited without constituting the committees as provided under Section 64 of the The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961 (in short 'Adhiniyam') Sri H.N. Singh, learned Senior Counsel appearing on behalf of the respondents has very fairly conceded that the tender has been issued without constituting the committees as provided under Section 64 of the Adhiniyam and he has no objection in case the impugned tender issued in favour of the contractor is quashed.
Heard Sri K.K. Roy, learned counsel for the petitioner, learned Standing Counsel and Sri H.N. Singh, learned Senior Counsel assisted by Sri V.K. Shukla and Sri Manoj Gautam, learned counsel for the respondents.
Considering the facts and circumstances of the case and also keeping in view the statement made today by the learned counsel for the respondents, the writ petition is allowed and the tenders issued in favour of the contractor and consequential work order, if any, issued in favour of the contractors is hereby quashed.
It is open for the concerned Zila Panchayat to invite tenders after constituting the committees as provided under Section 64 of the Adhiniyam and complying with all the requirements of law, Rules, by-laws or Regulations applicable in this regard.
Order Date :- 18.12.2018 vinay