B.S.CHAUHAN, J. - (1.) THIS writ petition has been filed for quashing the impugned order dated 18.1.2006 (Annexure 6) passed by the respondent No. 3 and further to restrain the respondents from interfering with their contract and to permit them to complete the work as per the contract.
(2.) THE facts and circumstances giving rise to this case are that Nagar Palika, Bhadohi made an advertisement on 16.11.2005 in Rashtriya Sahara inviting tenders under Simantararsat Revolving Funds Scheme for five different works. Petitioners filed their tenders and it was accepted by the then Chairman of the Nagar Palika and an agreement was executed between the parties. The said contract was cancelled vide impugned order dated 18 1.2006. Hence this petition. Sri R.K. Ojha, learned Counsel for the petitioner has submitted that the contract was awarded to the petitioners strictly in accordance with law and the then Chairman of the Nagar Palika had accepted the tender. Work orders were issued and on the complaint of the respondent No. 4, the authorities have passed the impugned order for mala fide reasons. Thus the order impugned is liable to be quashed.
(3.) ON the other hand, it has been submitted by Sri S.B. Singh appearing for the respondent No. 4 and Shri C.K. Rai learned Standing Counsel appearing for respondent Nos. 1 and 2 that the contract was awarded to the petitioner by the then Chairman in contravention of the statutory provisions. Tender inviting notice was published in the Rashtriya Sahara which is published from Lucknow but the same is not widely circulated in Bhadohi. The contract was awarded for extraneous considerations without getting approval of the Municipal Board and it has rightly been cancelled for the reason that it has no sanctity in law.;