SANJAY KUMAR SAWARIA Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2019-10-237
HIGH COURT OF RAJASTHAN
Decided on October 17,2019

Sanjay Kumar Sawaria Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) The present writ petition has been filed for the following reliefs : "(i) By an appropriate writ, order or direction impugned order dated 24.06.2019 (Annx.4) may kindly be quashed and set aside. (ii) By an appropriate writ, order or direction respondents may kindly be directed to cancel the work assigned to private respondent to transportation of food items under the Mid Day Meal scheme for Pipalkhunt, Arnod Block. (iii) By an appropriate writ, order or direction respondents may kindly be directed to float fresh open tender for transportation of food items under the Mid Day Meal scheme for pipalkhunt, Arnod Block. (iv) By an appropriate writ, order or direction respondents may kindly be directed to make payments to the petitioner which are still due for the transporting and delivering work done by him. (v) By an appropriate writ, order or direction any order, letter, document etc issued by the respondent department which restrains floating of fresh open tender for transportation of food items under the Mid Day Meal scheme for Pipalkhunt, Arnod Block may knidly be quashed and set aside. (vi) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. (vii) That writ petition may be allowed with costs."
(2.) The facts in brief are that the contract for transport and distribution of mid-day meal was initially given to one Shantilal, who had shown his inability to continue with the contract and requested the respondent No.4 to cancel the same vide letter dated 25.05.2016. Whereafter the petitioner, claiming to have worked with the earlier contractor - Shantilal, moved a representation before the respondent No.4 on 26.06.2016 and requested him to award the contract for supply of mid-day meal to him, which request was acceded to and the contract was awarded to him by respondent No.4. An agreement dated 07.06.2016 came to be executed with the petitioner, which was continuing till recently.
(3.) The petitioner has felt aggrieved of the communication dated 24.06.2019, whereby the contract for transport and distribution of mid-day meal for the area in question has been awarded to respondent No.5, and has approached this Court interalia alleging that the respondent - Society could not have awarded the contract to respondent No.5, without floating tender or inviting application from the interested persons.;


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