Madhya Pradesh High Court
Saraswati Mahila Swa Sahayata Samooh, ... vs The State Of Madhya Pradesh on 17 August, 2012
W.P. No.11935/2012
Saraswati Swa Sahayata Samooh & anr. Vs. State of M.P. & ors.)
17.08.2012
Shri A.K. Pathak, learned counsel for the
petitioners.
Smt. Sheetal Dubey, learned Govt. Advocate
for the respondent/State.
Shri Prakash Upadhyay, learned counsel for the respondent No. 5 and 6 on caveat.
Heard on the question of admission. The petitioners have filed this petition being aggrieved by order dated 07.07.2012 passed by the Chief Executive Officer, Janpad Panchayat Rampur Naikin, District Sidhi, whereby the respondent No.4 has passed an order in favour of respondent Nos. 5 and 6, awarding them the contract for supply of mid-day meals to Govt. Primary School, Khaddi Khurd and Shiksha Guarantee School Mahaveerantola, Khaddi Khurd, in modification of the previous order totally ignoring the order passed by the competent authority in favour of the petitioner dated 23.06.2012.
It is alleged by the learned counsel for the petitioners that the petitioners pursuant to the directions issued by this court in W.P. No. 6465/2012 dated 24.05.2012 had approached the authority for awarding contract, pursuant to which order dated 23.06.2012 was issued, awarding the W.P. No.11935/2012 Saraswati Swa Sahayata Samooh & anr. Vs. State of M.P. & ors.) contract to the petitioners but the respondent No.4 totally ignoring the aforesaid aspect has passed the impugned order dated 07.07.2012 in favour of respondent Nos. 5 and 6, which is contrary to law.
The learned counsel for respondent Nos. 5 and 6per contra submits that infact the award of contract for supply of mid-day meals in favour of respondent Nos. 5 and 6 had been assailed by the petitioners before the Additional Commissioner, Rewa Division, Rewa who had initially passed an interim order, but ultimately dismissed the revision filed by the petitioners on 10.04.2012, thereby affirming the order of contract in favour of respondent Nos. 5 and 6 and the impugned order dated 07.07.2012 is only a consequential order. In the circumstances, it is submitted that the contention of the petitioners is factually incorrect.
Be that as it may, looking to the highly disputed questions of fact raised by the parties and the fact that the matter requires to be adjudicated by the competent authority, therefore, the petition filed by the petitioners is disposed of with a direction to the effect that in case the petitioners file an appropriate proceedings before the Collector, Sidhi against the impugned order within 15 days alongwith a copy of the order passed W.P. No.11935/2012 Saraswati Swa Sahayata Samooh & anr. Vs. State of M.P. & ors.) today and a copy of the petition, the concerned authority shall consider and decide the same expeditiously in accordance with law preferably within a period of three months thereafter after hearing all the interested and contesting parties by passing a reasoned order.
Looking to the highly disputed questions of facts existing and for ensuring continuous supply of mid-day meals, it is observed that till decision on the proceedings by the Collector, Sidhi, status-quo as it exists today shall be maintained by the parties.
With the aforesaid direction, the petition filed by the petitioners stands disposed of.
C.C. as per rules.
(R.S. Jha) Judge gn