- (1.) M. Katju, J. By means of this writ petition the petitioner has prayed for a mandamus restraining the respondents 6 and 7 from working as transport contractor for the respondent department after 31-3-2003 and to appoint transport and handling contractor of Food and Civil Supply Department of districts, Sonbhadra, Sant Ravi Das Nagar, Mirzapur for the financial year 2003-04 in accordance with the G. O. dated 13-5- 2001 only after inviting tenders from the public at large and permitting all eligible persons.
(2.) IN this case on 30-1-2003 this Court granted learned Standing Counsel three weeks time to file counter-affidavit and issued notices to respondents No. 6 and 7 returnable at an early date. The order sheet of 20-5-2003 shows that there is an office report that the notices were issued to the Respondent Nos. 6 and 7 vide Registered A. D. past but neither the acknowledgment nor undelivered cover has been received back after service and no counter-affidavit has been filed. On 7-7-2003 when this case was listed before us none appeared for the respondents 6 and 7 and no counter-affidavit has been filed by the learned Standing Counsel. Since notice had been issued to the respondents 6 and 7 as is evident from the office report dated 20-5-2003 we treat the notices to have been served on respondents 6 and 7 in view of Explanation II Chapter 8 Rule 12 of the Allahabad High Court Rules. The petitioner claims to be a contractor of the Food and Civil Supply Department of districts, Mirzapur, Sant Ravi Das Nagar and Sonbhadra. He takes contract of handing and transporting grains and other food articles from the department. The State Government issued a G. O. dated 13-5-2001 for appointing transport contractors. True copy of the GO dated 13-5-2001 is Annexure 1 to the writ petition. Clause 4 of the said GO provides that the appointment of the transport contractor may be made by inviting tenders.
(3.) IT is alleged in paragraphs 9 to 12 of the writ petition that the respondents 6 and 7 Mahendra Kumar Gupta and Jag Narain Singh as well as the Senior Marketing Inspector, Sonbhadra are in collusion and have caused number of irregularities and embezzled huge amounts. An FIR was lodged and the District Magistrate, Mirzapur after conducting the enquiry has recommended suspension of the senior marketing inspector, Sri G. P. Singh vide letter dated 4-9-2002 Annexure 3 to the writ petition. As stated in paragraph 10 of the writ petition an enquiry was held against these illegal acts and the Marketing Officer, Mirzapur recommended to the Regional Food Controller, Varanasi Division vide enquiry report dated 20-8-2002 to black list respondents 6 and 7. True copy of the enquiry report is Annexure 4 to the writ petition. However, despite these recommendations no action was taken against the respondents 6 and 7 or against the Senior Marketing Inspector Sri G. P. Singh. In paragraph 12 of the writ petition it is alleged that the officials of the Food and Civil Supply Department, district Mirzapur and Sonbhadra are also in collusion with respondents 6 and 7 and they have influenced the Regional Food Controller, Mirzapur in such a manner that they have been granted transport contracts again and again continuously for the last three years without any tender. Others are not allowed to participate in the contract and thus there is violation of Article 14 of the Constitution. True copy of the representation of the petitioner and other contractors is Annexure 5 to the writ petition. The Commissioner, Mirzapur by order dated 12-4- 2002 addressed to the Regional Food Controller, Vindhyachal Division called for an explanation as to why new contractors are not being registered and old contractors are being given contracts at the old rates. True copy of this letter is Annexure 6 to the writ petition. The Commissioner, Mirzapur has also requested the Commissioner Food and Civil Supply, U. P. to direct the Regional Food Controller, Mirzapur to register new contractors and finalize the contract after inviting the tender Vide Annexure 7 to the writ petition.;