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2018 Supreme(Chh) 323

SANJAY K.AGRAWAL
Mahesh Agrawal S/o Late Brijmohan Agrawal – Appellant
Versus
State of Chhattisgarh, through the Secretary, Ministry of Urban Administration and Development – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.P. Sharma, Mr. Hari Agrawal
For the Respondents: Mr. Anand Dadariya, Mr. Arun Sao
For the Intervener : Mr. Kishore Bhaduri, Ms. Swati Upadhyay

ORDER :

1. The petitioner was elected as President of Municipal Council, Tilda Nevra in the election held in the month of January, 2015 by the electorate of said municipal constituency as independent candidate. On 28-3-2017, a show cause notice in exercise of power conferred under Section 41-A of the Chhattisgarh Municipalities Act, 1961 (for short, 'the Act of 1961') was issued and served to the petitioner stating inter alia that the petitioner has got a notice inviting tender issued and published on 23-2-2015 for carrying out six different constructions works for which the aggregate amount was more than Rs. 51 lakhs and for that it was incumbent upon the petitioner to prepare separate-separate estimates for each of the works and accordingly, separate-separate technical approval ought to have been asked for which was not done. Secondly, as per applicable rules, NIT was required to be published in two largely circulated daily newspapers, whereas it has been published only in one newspaper namely Nav Bharat and the petitioner has paid an additional amount of Rs. 6,27,806-73 ps. and thereby caused loss to the municipality. The petitioner was issued show cause notice by the State Gover




















































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