Md Pervez Ali Son Of Late Akbar Ali v. State Of Jharkhand Through Its Chief Secretary
2019-01-16
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India wherein a direction has been sought for cancelling the e-Tender/DNP/03/2016-2017 for the construction of parking-cum-shopping complex near the T.P. Daruka Petrol Pump. 2. The grievance of the petitioner as per the pleadings made in the writ petition is that the petitioner is an office bearer of Anjuman Islamiya, Dumka which is a socio religious organization of Muslim Community. 3. Being aggrieved with the decision of the respondent who has issued e-tender notice (impugned) for construction of parking-cum-shopping complex near the T.P. Daruka Petrol Pump which has seriously been objected by the petitioner. Since the entire construction work is to be undertaken in a very concealed manner and without following the terms and conditions stipulated in the bye-laws of the Jharkhand Municipal Building Rules, 2016. Having objected to the same when no response has been given, this writ petition has been filed. 4. The petitioner has also filed one interlocutory application being I.A. No.434 of 2019 seeking therein leave of this Court for addition of prayer to the effect that the construction work if allowed to be done, the same may be strictly in terms of the conditions stipulated in the Jharkhand Municipal Rules, 2016. 5. Learned counsel appearing for the Dumka Municipal Council and the State-respondent have jointly submitted that the petitioner has got no locus to question the e-tender in question merely on account of the fact that the land of the petitioner is situated behind the site which has been ear-marked for construction which is for the public purpose and to facilitate the public of the local area to have a better complex with the parking space. 6. It has been submitted that there is no question of violating the terms and conditions stipulated in the Municipal Corporation Rules, 2016. 7. Having heard the learned counsel for the parties and on appreciation of the rival submission, it is evident that the petitioner claims to be a social worker by virtue of the workman of Anjuman Islamiya and being aggrieved with the publication of e-tender notice dated 18.12.2016 issued by the Office of Executive Officer Nagar Parishad, Dumka for construction of shopping complex, this writ petition has been filed. 8.
8. It is evident from the aforesaid pleadings made in this writ petition that merely on account of the fact that the land pertaining to the Anjuman Islamiya is adjacent to the area in question where the proposed construction is to be made, this writ petition has been filed. 9. This Court is of the view that mainly on account of the fact that a land pertaining to the adjacent area if belonging to any private individual or any religious institution, the construction work over that Government land cannot be stalled, therefore, questioning the aforesaid e-tender on that ground cannot be said to be a valid ground to interfere in the notice inviting bid which is the subject matter of the instant writ petition. 10. In view thereof, I find no merit in the writ petition, accordingly the writ petition fails and is dismissed. 11. Since the petitioner has also pointed out that the authority may be directed to abide by the terms and conditions of the Jharkhand Municipal Rules, 2016, such prayer cannot be said to be in genuine rather when this Court is taking up the matter it would be appropriate, just and proper to direct the respondent No.3 to carry out the construction work strictly in accordance with the terms and conditions stipulated in the Jharkhand Municipal Rules, 2016. 12. Interlocutory application being I.A. No.434 of 2019 is disposed of.