Madhya Pradesh High Court
Shri Jai Prakash Narayan Yuva Mandal ... vs The State Of Madhya Pradesh on 18 May, 2018
HIGH COURT OF MADHYA PRADESH
Writ Appeal No. 673 / 2018
[Shri Jai Prakash Narayan Yuva Mandal Badkhara Vs. The State of Madhya Pradesh and others ]
Jabalpur, Dated : 18.05.2018.
Shri Satya Prakash Mishra, Advocate for the appellant.
Shri Shivendra Pandey, Government Advocate for the respondents/State.
Shri V.K.Shukla, Advocate for respondents 5 to 8/writ petitioners. Shri Sanjeev Kumar Singh, Advocate for respondent No.4.
The challenge in the present writ appeal is to an order passed by the learned Single Bench on 24.4.2018 in W.P. No.9233/2017 (Pooja Mahila Mahila Swa- Sahayta Samooh & others vs. State of M.P. and others), whereby the matter has been remitted back to the Commissioner to decide the appeal preferred by the writ petitioners, but, the interim order passed by the Court was ordered to continue.
2- The brief facts leading to the present appeal is that in pursuance of Notice Inviting Tender issued on 9.11.2015, the writ petitioners were found to be successful bidders for supply of Mid Day Meals for Nagar Panchayat, Majhouli, Churhat and Rampur Naikin. Subsequently, in pursuance of fresh Tender Notice issued on 21.12.2016, for supply of Mid Day Meals to Nagar Panchayat, Rampur Naikin, the appellant was the successful bidder vide order dated 14.6.2017 issued by the Chief Executive Officer, Zila Panchayat, Sidhi. The appellant started supplying the Mid Day Meals, but, in the meantime, petitions were filed challenging grant of contract to the appellant. In such writ petitions, learned Single Bench of this Court passed an order resulting into stay of grant of contract to the appellant. It is the said order, which has been ordered to continue till such time the appeal is decided by the Commissioner.
3- The contract period of the writ-petitioners/respondent Nos.5 to 8 had come to an end and thereafter, the fresh tender process was initiated, in which, the appellant was the successful tenderer. The writ petitioners have not participated in the fresh tender process.
4- The fact is that once the appellant is found to be successful bidder, the writ petitions at the instance of the previous tenderers could not have been entertained so as to allow them to continue with the supply of Mid Day Meals after expiry of their contract period.
5- Consequently, the order passed by the learned Single Bench is set aside subject to the decision of the Commissioner if any in appeal.
6- Learned counsel for the appellant states that the appellant is in a position to forthwith start the supply of Mid Day Meals, therefore, the appellant is directed to start supply the Mid Day Meals to Nagar Panchayat, Rampurnaikin forthwith.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
C.
Digitally signed by CHRISTOPHER PHILIP
Date: 2018.05.21 12:01:18 +05'30'