I IN TM! 91GM CO!RT OF &ARNATAKA AT BANGALORE Dated this the 5th day of June 1998 Bef_ore TME MON ‘BLE MR.JUST TCE CMANASHEMARA m: ;i. P.No :5 604/1995 BETWEE N: A,Elias Ahmed, aged •, years, r/a.No,863, Narayana Shastry street, Chamaraja MOhalla, !4ysare. •.. Petitioner; (By Sri.Udaya Holla AND: 1. Asst. cecutive Engineer, Corporation of the 0 ity of t4ysore, Mysore. 2. Superintending ngineer, Corporation of the City of Mysore. 3, ocounts Officer, Corporation of the City of Mysore, 4, Commissiouer of tt Corporation of the City of Mysore, Mysore. 5, Najeebulla Shari! f, aged about 47 years, r/a. No.1C, 2nd Main road, Yadavgiri, Mysore. 6, R.Chandrashekaraiah, major, PWD onLractor, r/a. x D,No,5O, :Kuvempu Hospital Roab East, Icuvempunagara, Mys cre-.9, 7. MS,Vasu, major, P4D Contractor, o/0. Sr.R.Cnana— shekaraiah, r/a. edoa aa as airitn I —2— 8. Dastagir Sheriff, major, PWD Contractor, r/aJC D.No,574, North East 0 N,R,Mohalla, Mysore. 9. Srinivas, major, £WD Contractor, care of Mr.Najeebulla Shariff, r/a,No 10, 2nd Main road, Yadavagiri, Mysore. ,.• Responnts; ( Sri. M. Papanna for R—2 to R—4; Sri.T.R.Rangaraju Associates for R—S arña—6; R—1 atR—8 served; R—7 and R-9 notice dispensed with) Rrit Petition is filed under Arts.226 and 227 of the Constitution praying to restrain responnts—l to 4 from giving any road works of the Corporation of tfe City of Bangalore including laying of roads and dees— sion filling, asphalting of roads etc. by using hot mix plar with paver finisher without inviting tenders ard at rates higher tn that prescribed by the PWD, This petition coming on for orderszr this day, the Court made the following: OR DER This petition can be disposed of without notice to respondents-7 and 9. bccordingly, noticto respondents I, C- 7 and 9 are dispenseds4tfr. to 2) The petitioner nas filed this petition/restraining respondents-I to 4 f row giving any road works of the Corporation of the City of Mysore without notifying tenders —n —3— and at rates higher than tnat prescribed by the Puolic Works epartment. Under the of the K. 4 .. Act, the Corporation is required to enter into any contract as provided unr the provisio of the Act, When suh being the case, there is rio reason to issue any rh direction as prayed for in the writ petition. In the event if the Corporation entrusts ar work to third party contrary to the provisions of the Act, the said Act shall be chal lenged either by way of a writ petition or in a civil suit. If he prayer as soucit for in tne writ petition is granted virtually it would preventing the authorities from discharging blic duties imposed on them. Therefore, no sh direc— tion can be issued asprayfor in the writ petition. 3) Accordingly, writ petition is rejected Sd/ JUDGE Th (bj Hsf.