A.K.Yog, J. - (1.) Udai Kumar Verma, the petitioner before us, has filed present writ petition under Article 226 of the Constitution of India with the following reliefs: "(a) to issue writ, order or direction in the nature of mandamus directing the Respondent Authorities especially the Respondent kno.2 to act fairly and consider the tender auction after giving tender notice in two well known widely circulated news-papers, (b) to issue a writ, order or direction in the nature of mandamus directing the Chief Medical Officer, Varanasi Respondent No. 2 to provide the tender form to the petitioner before finalizing the tender/auction in question. (c) to issue any other suitable writ, order or direction which this Hon 'ble High Court may deem fit and proper in the facts and circumstances of the case; (d) to award costs of this writ; petition to the petitioner against the contesting respondents.
(2.) The grievance of the petitioner is that tenders are being floated by the respondents-Authorities,in breach of earlier a Division Bench Judgment of this Court in Civil Misc. Writ Petition No. 11059 of 1999 (Santosh Kumar v. The Chief Medical Officer, Varanasi and Anr.) (Copy filed as Annexure '6' to the writ petition), which reads: "Heard learned counsel for the petitioner and learned Standing Counsel. The grievance of the petitioner is that in spite of direction of this Court the respondents has not advertised the auction in well known newspapers having wide circulation and they had only published in the newspaper 'Dainik Jagran' dated 14.2.99. The respondents are directed to advertise the tender notice in at least two newspaper having wide circulation namely one 'Aaj' and another in 'Dainik Jagran' only then the tender should be invited in accordance with law. Petition is finally disposed of."
(3.) Petitioner contends that tender notices (for executing certain work ))were not published in news papers having wide circulation in the State, namely 'Dainik Jagran' and 'Aaj'; in stead the same were published in local news papers (which do not have wide circulation) e.g. 'Janvarta,and Swatantra Moreha'.;