Demian R. Marak v. Garo Hills Autonomous District Council, Tura
2013-10-10
PRAFULLA C.PANT
body2013
DigiLaw.ai
Order 1. Heard. 2. By means of this writ petition, the petitioner has challenged the order dated 16-1-2013, passed by the Secretary, Executive Committee, Garo Hills Autonomous District Council, Tura, awarding a contract of realization of toll, at Toll Gate at New Putimari Soenang to Shri Jampingstone Areng (respondent No. 3). 3. In short, the writ petitioner has pleaded that neither any tenders were floated by the respondents No. 1 and 2 nor any notice was published inviting members of the public to submit their bids/tenders/offers for toll gate at New Putimari Soenang, regarding realization of the toll tax to be collected from the vehicles passing through it. It is further pleaded that arbitrarily the contract was given to respondent No. 3 which is violative of Article 14 of the Constitution of India. It is also pleaded that the petitioner is a businessman who wanted to submit his offer for the contract. 4. Respondents have filed their counter-affidavits. But what has been pleaded by them is that Garo Hills Autonomous District Council (Market Tax) Regulation, 1970 is not applicable to the toll gate. 5. Having considered the submissions of the learned counsel for the parties, this Court is of the view that the respondents have not replied as to why the fairness is not observed in granting the contract to the respondent No. 3 and as to why arbitrarily the contract was awarded to him. Since the contract awarded is going to expire on 31st March, 2014, it is necessary to dispose of this writ petition after the parties have exchanged their affidavits, without delay. On the last date, learned counsel for respondents No. 1 and 2 sought time to show notice published but the same is not shown. 6. In the above circumstances, this Court finds that the impugned contract awarded to respondent No. 3 is arbitrary in nature and violative of Article 14 of the Constitution of India. 7. Therefore, this writ petition is disposed of with the direction that within 45 days from today, the respondent Nos. 1 and 2 shall award the contract of the toll gate at New Putimari Soenang for rest of the financial year by publishing notice or inviting tenders/offers in accordance with law, and award the contract within the said period.
7. Therefore, this writ petition is disposed of with the direction that within 45 days from today, the respondent Nos. 1 and 2 shall award the contract of the toll gate at New Putimari Soenang for rest of the financial year by publishing notice or inviting tenders/offers in accordance with law, and award the contract within the said period. The present writ petitioner as well as respondent No. 3 shall also be entitled to submit their offers for rest of the financial year. Respondent No. 3 is allowed to continue to work under order dated 10-1-2013 for 45 days from today, whereafter the said order shall automatically stand quashed by this Court. Petition allowed.