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Madhya Pradesh High Court

M/S Gaurav Travels Nowgong Through Its ... vs The State Of Madhya Pradesh on 6 September, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

           NEUTRAL CITATION NO. 2024:MPHC-JBP:45109




                                                             1                            WP-26288-2024
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 6 th OF SEPTEMBER, 2024
                                               WRIT PETITION No. 26288 of 2024
                          M/S GAURAV TRAVELS NOWGONG THROUGH ITS PROPRIETOR
                                          INDRA BAHADUR SINGH
                                                  Versus
                                THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                           Shri Deependra Kumar Mishra - Advocate for the petitioner.
                           Shri Pradeep Singh - Government Advocate for the State.

                                                                 ORDER

Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer that his representation contained in Annexure-P/5 may be decided by Collector, District-Chhatarpur (MP).

2. Learned counsel appearing for the petitioner submitted that petitioner was lowest bidder but he was not awarded the contract for period 2023-24 in respect of giving transportation support to Chief Medical And Health Officer (CMHO). It is submitted that act of respondent is malafide in nature. Notice may be issued and tender granted in favour of respondent No.5 may be cancelled.

3. Learned Government Advocate appearing for the State opposed the prayed.

4. Heard the counsel for the parties.

5. Petitioner has filed representation (Annexure-P/5) before Collector Signature Not Verified Signed by: SHABANA ANSARI Signing time: 9/6/2024 4:52:34 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45109 2 WP-26288-2024 on 23.05.2023. For more than one and half year, petitioner has not approached this Court. Tender was for period of one year. Period of one year is already over. Respondent No.5 has successfully carried out the contract for said period. Contract has further been extended.

6. Writ is remedy of equity and equity cannot be disturbed on mere asking. If Court will interfere in this petition and issue notice to respondent No.5 then settled contract between CMHO and respondent No.5 will be disturbed. Delay was caused on part of petitioner to approach this Court by filing writ petition.

7. Petition is dismissed.

(VISHAL DHAGAT) JUDGE $A Signature Not Verified Signed by: SHABANA ANSARI Signing time: 9/6/2024 4:52:34 PM