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RAJESH SHANKAR
R. S. Traders, represented by its Proprietor namely, Rajiv Ranjan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The writ petition was initially filed for quashing letter no. 624 dated 14.02.2020 issued by the respondent no.2 – Joint Secretary, Department of Urban Development and Housing, Ranchi to the Municipal Commissioner, Deoghar Municipal Corporation.
2. During pendency of the writ petition, a supplementary affidavit was filed on behalf of the petitioner on 23.11.2021 confining the prayer made in the writ petition to the extent of quashing letter no. 642 dated 24.02.2020 (Annexure-4 to the writ petition) issued by the Assistant Municipal Corporation, Deoghar Municipal Corporation, Deoghar, whereby the agreement dated 03.07.2018 executed between the petitioner and the respondent no. 3 has been cancelled on the direction of the respondent no. 2 issued vide letter no. 624 dated 14.02.2020.
3. Learned counsel for the petitioner submits that a tender was invited by the Municipal Commissioner, Deoghar Municipal Corporation, Deoghar for making settlement with respect to collection of hoarding tax/advertisement tax from persons desirous of publicity and advertisement of their brand by fixing posters, boards, hoardings and other advertisement mediums etc. within the jurisdiction of Deogha
The importance of fair and reasonable actions by the State, the need for public auction in granting state largesse, and the significance of complying with the terms and conditions of agreements.
A public authority cannot cancel a contract arbitrarily without valid reasons, especially when the contract was executed within the authority's term.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
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