Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for opposite parties no.1 and 5, Sri J.K.Gupta, learned counsel for opposite parties no.2 to 4.
Learned counsel for petitioner submits that petitioner is a registered contractor in Nagar Palika Parishad, Utraula Balrampur. On 25.4.2019 the Board of Nagar Palika Parishad Utraula Balrampu consisting of Chairman and members passed a resolution in regard to construction of works in town area. Accordingly a tender notice dated 3.7.2019 was published in daily newspapers as on 04.07.2019 and 5.7.2019, inviting tenders for execution of various constructions works from funds provided by State Finance Commission within the jurisdiction of Nagar Palika Parishad, Utraula, District-Balrampur from registered contractors. In pursuance of tender notice dated 3.7.2019, tender bid was submitted by the petitioner. Since the bid of the petitioner was found lowest, so work order was issued by the Chairman, Nagar Palika Parishad, Utraula, District-Balrampur pursuant to order dated 19.7.2019 to the petitioner on 20.7.2019. In pursuance of work order dated 20.7.2019 an agreement was executed by the petitioner within time with regard to construction of work of Rubbermold Interlocking work from the house of Viswanath Gupta to house of Santosh in Mohalla Rafi Nagar Ward no.5 in Nagar Palika Parishad. After issuance of work order dated 20.7.2019 petitioner started construction of work. However the same was cancelled by means of order dated 21.8.2019 (Annexure no.1) passed by opposite party no.3/ Chairman, Nagar Palika Parishad, Utraula, District-Balrampur. Assailing the order dated 21.08.2019 the learned counsel for the petitioner submits that the impugned order dated 21.08.2019 has been passed after starting work under the work order dated 20.07.2019 in an utter arbitrary manner and without providing any opportunity of hearing to the petitioner as well as violation of Clause 5 of the agreement, the reasoning as mentioned in the order dated 21.08.2019, are vague. So the same is liable to be quashed.
After hearing learned counsel for the parties and going through the record, in the facts of the case, it appears that the action on the part of opposite party no.3 is arbitrary as well as is in contravention of Clause 5 of the agreement therein vide the impugned order dated 21.08.2019 the work order dated 20.7.2019 has been cancelled. So the same is liable to be interfered.
Accordingly, the writ petition is allowed. The order dated 21.08.2019 passed by opposite party no.3/ Chairman,Nagar Palika Parishad, Utraula, District- Balrampur is quashed. The matter is remanded to opposite party no.3 to pass a speaking and reasoned order within two weeks from the date of receipt of certified copy of this order.
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(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 26.9.2019 dk/