SWATANTERKUMAR, C.J.:- Rule.

Rule made returnable forthwith. Heard parties.

Prelude Vijay Kumar Gupta, sole proprietor of M/s. Sanjay Transport Service, has filed this petition under Article 226 of the Constitution of India challenging the legality, propriety and validity of the contract awarded to M/s. Lirin Roadlines Pvt. Ltd., respondent No.2, vide Government Resolution No.WPP 2003/CR177/YSS2 dated 1 st September, 2006. This contract, according to the petitioner, has been awarded through private negotiations without inviting tenders and in an arbitrary manner.

Such awarding of contract is unconstitutional, violative of principles of governance and contrary to the constitutional mandate contained in Article 299 of the Constitution of India. It denies fair competition amongst similarly placed persons who hold similar qualifications like respondent No.2 for performing the function to lift water from the Government owned wells and distribute the same at a much higher amount than what has been demanded by respondent No.1 from respondent No.2, thus causing huge loss to the exchequer and is colourable exercise of power. Therefore, he has prayed for quashing and setting aside the