M/S Kumar Construction Co. vs State Of U.P. And Others
2012 Latest Caselaw 4522 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 43435 of 2012
 

 
Petitioner :- M/S Kumar Construction Co.
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Ajay Kumar Singh,Ashish Kumar Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Vineet Saran,J.

Hon'ble Mushaffey Ahmad,J.

Heard learned counsel for the petitioner, learned standing counsel for the respondents and perused the record.

The case of the petitioner is that  he was enlisted as Class-A  contractor  which was valid upto  2009 and according to the petitioner, he could not get the same renewed and thereafter, he was got enlisted as Class-B contractor in Public Works Department, Varanasi. The said enlistment  was cancelled, which was challenged by it in the writ petition.  According to the petitioner, the said writ petition has been allowed as cancellation order has been quashed. The petitioner now prays that its application for enlistment has a contractor filed before the Respondent no. 4, Chief Engineer  Varanasi Zone, P.W.D. Varanasi be decided and it be enlisted as Class-A contractor.

The  enlistment of contractor of Public Works Department, Varanasi is governed  by the Rules relating to Classification  of Enlistment of Contractor for Public Works Department. The application for such enlistment  has  not been filed in a proper format  as provided under the said Rules alongwith the requisite deposit.

Since the said application which has been filed alongwith the writ petition, sought to be decided by the respondents, has not been filed in the proper  format as provided under the Rules, as such the same cannot be directed to be considered by the respondent authorities.

However, considering the facts and circumstances of this case, we dispose  of this writ petition with a direction that  in case the petitioner files a proper application for its  enlistment as a contractor with Public Works Department in terms of the relevant rules, the same may be considered and decided in accordance with law by the concerned authority. We make it clear that we have not examined the claim of the petitioner on merit.

With the aforesaid observations/ directions, this writ petition is disposed of finally.

Order Date :- 25.9.2012

n.u.

( Mushaffey Ahmad, J) ( Vineet Saran, J)