01. The petitioner, through the medium of this petition, seeks direction in the nature of writ of certiorari, quashing Allotment Order No. MJ/13/Tech/T/03-07 dated 08.04.2013 issued by respondent No. 4, whereby construction of toilet complex in Sector No. 3, Ward No. 50, Channi Himmat Jammu was allotted in favour of the private respondent No. 6, allegedly without inviting any tenders or without following any procedure, in sheer contravention and violation to the provisions of law. The petitioner seeks further direction in the nature of mandamus, directing the official respondents, to allot the contract for construction of aforesaid toilet complex to the lowest tenderer, after inviting tenders, strictly in consonance with the provisions of law.

02. The petitioner has assailed the allotment of the work of the construction of toilet complex allotted in favour of the private respondent No. 6, without inviting tenders. The main grievance of the petitioner is that the official respondents have not adopted the legal recourse available to them, as the respondent-Municipal Corporation Jammu was under an obligation to invite tenders for construction of the toilet complex, instead of allotting the same to the private respondent No. 6 at its own whim.

03. Pursuant to notice, the respondents No. 2 to 5 have filed their objections stating therein that in order to improve the sanitation condition, Jammu Municipal Corporation is constructing toilet complexes and maintenance thereto; that earlier attempts for tendering were not successful and the construction and maintenance of toilet complexes was being done by NGO M/S Sulabh International Social Service Organization; that when private respondent No. 6 approached the answering respondent through respondent No. 1 and in order to encourage another NGO, the work of toilet complexes was allotted to respondent No. 6, who is also NGO empanelled with Housing and Urban Development Department; that petitioner never approached the answering respondents and they had come to know about the same through this writ petition only; that allotment of contract in favour of the private respondent No. 6 is not allotted with ulterior motive and malafide consideration.

04. It was further contended that the petitioner never approached the Jammu Municipal Corporation for allotment of work as they are neither working in Jammu or they have any office in Jammu; that the allotment of work of toilet complexes had been granted to the private respondent No. 6 on the terms and conditions as usually applicable to Sulabh International Organization, who had been working with the respondent-Jammu Municipal Corporation, for the last two decades; that the private respondent No. 6 has been working in the field of sanitation throughout the country and has about 20 years of experience to its credit; that the contract was granted after verifying the credentials of the organization by JMC, hence, there is no violation of Article 21 of the Cons