- (1.) HEARD learned Counsel for the Petitioner as well as learned Standing counsel for the State -Respondents; Sri C.K. Parekh for Nagar Nigam, Saharanpur and Sri N.C. Tripathi for the private Respondent No. 5 and have perused the record. With consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.
(2.) THE dispute in this writ petition is with regard to the grant of contract by the Nagar Nigam for electrification work. The matter had come up earlier also in this Court in Civil Misc. Writ Petition No. 37532 of 2010 and by judgment and Order dated 15.7.2010, after considering the conditions of the tender notice dated 5.5.2010 and the qualifications of the applicants, this Court directed the Administrator, Nagar Nigam, Saharanpur (who was the District Magistrate, Saharanpur) to decide the issue within two weeks. The matter was thereafter considered by the District Magistrate and keeping in view the fact that there was no separate registration for electrification work by the Saharanpur Development Authority, Nagar Nigam or the public Works Department, vide order dated 19.8.2010, while accepting the tender of Respondent No. 5 a condition was imposed that the Respondent No. 5 shall get itself registered with the Directorate of Electrical Safety within one month. Such condition cannot be said to be unjustified as it was the electrification work of Nagar Nigam which had to be carried out and was thus in the interest of the public in general. Admittedly, Respondent No. 5 has yet not got itself registered with the Directorate of Electrical Safety, though it is contended that the Respondent No. 5 was registered upto 31.3.2010 whereafter though the application of the Respondent No. 5 is pending with the Directorate but no final orders have yet been passed. Be that as it may, the Respondent No. 5 has not been able to comply with the terms of the directions issued by the District Magistrate/Administrator, Nagar Nigam on 19.8.2010. The work of the Nagar Nigam, which relates to providing of street lights in public lanes and roads, is in the interest of the public at large, because of which the public is suffering.
(3.) CONSIDERING the fact that even after the directions dated 19.8.2010, compliance has not been made by the Respondent No. 5 and the interest of the public at large is suffering, this writ petition is disposed of with the direction that the Nagar Nigam, Saharanpur shall invite fresh applications through advertisement for the work to be carried out and proceed to give contract, in accordance with law, as expeditiously as possible, in which the Petitioner as well as Respondent No. 5, if they are found qualified and eligible, may also be permitted to participate.;