JUDGMENT :

R.G. AVACHAT, J.

1. Rule, Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

2. Both the Writ Petitions and the Civil Application arising in one of them were taken up for hearing together and are being disposed of by this common judgment.

W.P. No. 11762/2010:

3. Due to passage of time and on completion of the construction of the commercial complex, on the land Survey No. 612 and erection of kiosks/tin sheds, on the land in front of Medical College, Ambajogai, other reliefs prayed for, have not been survived.

4. By this petition, the petitioners, the members of Municipal Council, Ambajogai, seek the following main reliefs:

(E) The respondent Nos. 1 to 3 may kindly be directed to carry out allotment procedure of the tin sheds/shops constructed in front of Medical College and Hospital, Ambajogai and shops constructed in Survey No. 612 at Shivaji Chowk, Ambajogai as per standing order Nos. 24 and 39 respectively.

(E-1) The respondent Nos. 1 and 2 may kindly be directed to start departmental inquiry against respondent No. 10 for having committed illegalities in allotment of construction work of 1.31 Crores in pieces contrary to the Government Circular dated 2.5.2006 at Exhibit ‘A’ and to take administrative action against respondent No. 14.

Prayers in W.P. No. 8145/2013

(a) The report of the Committee consisting of District Collector, Beed and Chief Officer of Municipal Council, Ambajogai, dated 1.7.2013 be quashed and set aside.

(b) The respondent Nos. 2 and 3 be directed to allot the shop Nos. 65, 66 and 67 to the petitioners respectively.

(c) The two member committee constituted by virtue of the order dated 4.12.2012, passed in Writ Petition No. 11762/2010 and Writ Petition No. 8336/2012 be directed to decide premium/occupancy charges relating to the shops to be allotted to the petitioners.

FACTS:

5. The petitioners in Writ Petition No. 11762/2010 are/were the elected members of the Municipal Council, Ambajogai. The respondent Municipal Council (hereinafter referred to as the ‘Council’) decided to construct a commercial complex (Vyapari Sankul) on the land Survey No. 612, and erect kiosks on the land in front of the Medical College at Ambajogai. On both these sites, there were already existing shop blocks/kiosks. Various shops and businesses were being operated there from by number of small businessmen as tenants. Number of litigations were pending between the Council on one hand and most of the occupants of the shop blocks/kiosks on the other. The Council proposed to erect commercial complex and install kiosks after obtaining vacant possession of the existing shops. The Council, therefore, had negotiations with the persons doing businesses in those shop blocks. It was decided to allot the shops and kiosks in the new commercial complex to those who were already in possession of the existing shops and kiosks as tenants. With an understanding between the Council and those occupants/tenants, the shop blocks came to be vacated. The proposed cost of construction of the commercial complex and the kiosks was more than Rs. 1 Crore. The Council was, therefore, expected to float a tender inviting bids from the eligible Contractors for the proposed construction. The respondent No. 4, instead of going for tender process, assigned the work of proposed construction to the respondent No. 5 to 13, the Co-operative Labour Societies, manned or headed by the close associates of the respondent No. 4 President of the Council. The policy of the State Government was that the work of construction not costing more than Rs. 5 Lakhs could be given to educated unemployed Engineers or Labour Co-operative Society. The work costing more than Rs. 5 Lakhs could be assigned to the highest bidder on observing tender process. The Council has, in complete disregard to the said policy, split up the work of the proposed construction and assigned it to the respondent Nos. 5 to 13. The Chief Officer of the Counc