1 2025:CGHC:22062-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2599 of 2025 1 - Vaishali Paryawaran Sanrakshan Samiti Bhilai (Regd. No. 4898) Through Its President, Pramod Jha, S/o Late Shailanath Jha, Aged - 69 Years, Address - Aakash Ganga Parisar, Sabji Mandi, Supela - Bhilai, District - Durg Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through - Its Secretary, Department Of Urban Administration And Development, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 - The Municipal Corporation, Bhilai Through - Its Commissioner, H.Q. - Supela, Bhilai, District - Durg Chhattisgarh 3 - The Health Officer The Public Health Department, Municipal Corporation, Bhilai, District - Durg Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner : Mr. K. N. Nande, Advocate. For Respondent/ State : Mr. Shashank Thakur, Dy. Advocate General For Respondents No.2 & 3 : Mr. Vinay Pandey, Advocate K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.05.15 17:32:15 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 15.05.2025 1. By the present petition, the petitioner is seeking quashment of the impugned notice of expression of interest dated 28/04/2025 Annexure P/1 issued by the respondent No.3. 2. Learned counsel appearing for the petitioner would submit that the petitioner is a registered society duly registered by the Firms and Societies bearing registration No. 4898, dated 19/06/1998. Pursuant to the tender notice floated by the respondent No.2/ Municipal Corporation for operation of Sarvajanik Shulabh Shauchalaya for a period of 30 years, the petitioner participated in the said tender process and after being successful, he executed an agreement dated 03/06/1999 vide Annexure P/3 with the respondent Corporation, which is valid upto June, 2029. Thereafter, the work order was issued in favour of the petitioner on 05/06/1999. According to the petitioner since then, the petitioner is operating the said Sarvajanik Shulabh Shauchalaya with best of its ability and utmost satisfaction of the authorities for which the appreciation and experience certificate has also been issued in favour of the petitioner vide Annexure P/5, however all of a sudden, during existence of the aforesaid agreement, the respondent authorities issued the impugned tender notice in an illegal and arbitrary manner that too without affording due opportunity of hearing. 3 3. At this juncture, learned counsel appearing for the respondents No.2 & 3 would categorically submit that the authorities would not proceed pursuant to the impugned tender notice Annexure P/1. He would further submit that before taking any action against the petitioner including the termination of the contract, the authorities will take appropriate steps as per the terms and conditions enshrined in the agreement Annexure P/3 and also afford due opportunity of hearing to the petitioner to putforth his version. 4. In view of the aforesaid categorical submission made by the learned counsel for the respondents No.2 & 3/ Corporation that they are not proceeding further pursuant to the impugned tender notice Annexure P/1, without expressing any opinion on the merits of the case, the writ petition is disposed of reserving liberty in favour of the petitioner to avail the appropriate remedy as may be available to him under the provisions of law, if the petitioner is aggrieved by any of the action of the respondent authorities in respect of the subject matter. 5. With the aforesaid observations, the writ petition is disposed of with the aforesaid liberty. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri