KUMAR CONSTRUCTION CO Vs. STATE OF U.P.
LAWS(ALL)-2012-9-92
HIGH COURT OF ALLAHABAD
Decided on September 25,2012

Kumar Construction Co Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, learned standing counsel for the respondents and perused the record. The case of the petitioner is that he was enlisted as Class - A contractor which was valid upto 2009 and according to the petitioner, he could not get the same renewed and thereafter, he was got enlisted as Class -B contractor in Public Works Department, Varanasi. The said enlistment was cancelled, which was challenged by it in the writ petition. According to the petitioner, the said writ petition has been allowed as cancellation order has been quashed. The petitioner now prays that its application for enlistment has a contractor filed before the Respondent no. 4, Chief Engineer Varanasi Zone, P.W.D. Varanasi be decided and it be enlisted as Class -A contractor.
(2.) THE enlistment of contractor of Public Works Department, Varanasi is governed by the Rules relating to Classification of Enlistment of Contractor for Public Works Department. THE application for such enlistment has not been filed in a proper format as provided under the said Rules alongwith the requisite deposit. Since the said application which has been filed alongwith the writ petition, sought to be decided by the respondents, has not been filed in the proper format as provided under the Rules, as such the same cannot be directed to be considered by the respondent authorities. However, considering the facts and circumstances of this case, we dispose of this writ petition with a direction that in case the petitioner files a proper application for its enlistment as a contractor with Public Works Department in terms of the relevant rules, the same may be considered and decided in accordance with law by the concerned authority. We make it clear that we have not examined the claim of the petitioner on merit. With the aforesaid observations/ directions, this writ petition is disposed of finally.;


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