Manoj Singh Thakur v. Municipal Corporation

WPC No.3153 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.3153 of 2019

1. Manoj Singh Thakur S/o Shri Salik Singh Thakur Aged About 42 Years R/o Ward No. 70, Sarona, Tatibandh, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Municipal Corporation Balodabazar, Through Its Commissioner, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

2. Chief Municipal Officer Nagar Palika Parishad, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

3. State Of Chhattisgarh Through The Secretary, Public Wroks Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. The Collector District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

5. Chief Municipal Officer Nagar Palika Parishad, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Sharad Mishra, Advocate For Respondent No.1 :

None For Respondent No.2&5:Shri Satish Gupta, Advocate For Respondent/State:

Shri Vivek Ranjan Tiwari, Addl. Advocate General with Shri Vikram Sharma, Dy.

Govt. Advocate

WPC No.3153 of 2019 (Proceedings through Video Conferencing) Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Hon'ble Shri N.K. Chandravanshi, J.

Order on Board By Prashant Kumar Mishra, Ag. CJ.

06-08-2021 1.

This writ petition has called in question the impugned order dated 11-6-2019 (Annexure - P/2) by which the respondent No.2 has terminated agreement/contract awarded to the petitioner for beautification of murum talab ( मरमततलतब) at Baloda Bazar.

2.

At the very outset, learned counsel for the respondents No.2 & 5 would submit that since after termination of the contract awarded to the petitioner, re-tender process has been completed; work order issued; and the execution of work is almost completed by the subsequent successful bidder. 3.

At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of reserving liberty in favour of the petitioner to avail the remedy as is available to him within the terms and conditions of contract. 4.

In view of the subsequent development and the prayer made by the learned counsel for the petitioner, the writ petition is disposed of with liberty as stated supra.

5.

It is made clear that this Court has not expressed any opinion on the merits of the matter.

Sd/- Sd/- (Prashant Kumar Mishra) (N.K. Chandravanshi) Acting Chief Justice Judge Gowri