Allahabad High Court High Court

Shiv Sagar & Ors. vs State Of U.P. Thru. P.S. Local … on 4 August, 2010

Allahabad High Court
Shiv Sagar & Ors. vs State Of U.P. Thru. P.S. Local … on 4 August, 2010
Court No. - 34

Case :- WRIT - C No. - 8538 of 2010

Petitioner :- Shiv Sagar & Ors.
Respondent :- State Of U.P. Thru. P.S. Local Bodies & Ors.
Petitioner Counsel :- Mool Behari Saxena
Respondent Counsel :- C.S.C.,R.B.Singh

Hon'ble Prakash Chandra Verma,J.

Hon’ble Ram Autar Singh,J.

Petitioners are aggrieved by the order dated 15.1.2010 of
the Collector/District Magistrate, Fatehpur whereby the
collector has directed to invite fresh tenders for completion
of the work.

From the record, it is evident that the Nagar Panchayat,
Korha, Jahanabad, District Fatehpur had invited the tenders
and after accepting the tenders of the petitioners, petitioners
were given work contract. According to the petitioners, they
had completed the 80 % work and payment of the same has
been made and only 20 % work is left. Further submission of
the petitioners is that the Collector has acted at the behest
and under the pressure of the M.L.A. whose letter is on
record.

It appears that it was not within the knowledge of the
Collector that Nagar Panchayat has already finalized the
work contract of the petitioners and the petitioners have
completed 80 % of the work therefore, instead of quashing
the order of the Collector, we direct the Collector to re-
examine the matter in the light of the fact as noticed above
and shall correct his order dated 15.1.2010 within a period of
ten days from the date of production of certified copy of this
order.

With aforesaid observation, the writ petition is finally
disposed of.

Order Date :- 4.8.2010
RKS/