weq\(o\9% HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: HON’BLE SHRI JUSTICE SUNIL KUMAR SINHA & HON’BLE SHR! JUSTICE R.L.JHANWAR W.P.(C) No.5789i2009 Sameer Turak, 8/0 A’J.K.- Turak, aged about 37 years, Rio Geetanjaii Nagar, Sector-2, Plot No.83/2, Nilofar Vina, Raipur. Tahsil and District Raipur (C.G.) PETITIONER Versus RESPONDENTS 1 The State of Chhattisgarh, Through Secretary, Pubhc crks Department, D.K.S. Bhawan, Raipur (C.G.) Chief Engineer, Pubtic Works Department, Raipur Zone, Raipur (C.G.) Superintending Engineer, Public Works Department, Raipur, Circle No.1.,Raipur(C.G.) Executive Engineer, Public Works Department, Division No.1, Raipur (C.G.) Sub Divisionai Officer, Public Works Department, Survey Sub Division, Raipur (C.G.) WRIT PETlTlON UNDER ARTICLE 226 OF THE CONSTITUTION OF iNDlA Appearance : Shri MK Bhaduri, Counsel for the petitioner. Shri U.N.S. Deo, Government Advocate for the State. ORAL ORDER (08.10.2oa9) The foiiowing order of the, Court was passed by Sunii Kumar Sinha, J. Heard on admission. W 2 W.P.(C) No.5789i2009 Petitioner Sameer Turak has filed this writ petition for the foiiowing reliefs : "10: RELIEFS SOUGHT: A. The Hon’bie Court may kindiy be pleased to call for the entire records from the office of the respondent No.4 pertaining to the tender/memorandum of contract No.286/D.L./2007-08 including the report of Chief Technical Examiner (Vigilance) Raipur (Annexure P-5) dated 02.06.2009 for its perusal. B. The Hon’ble Court may kindly be pleased to quash the impugned notices dated 22.07.2009 and 07.08.2009 (Annexure P-11) respectively issued by the respondent No.4 by issuing a writ in the nature of certiorari/mandamus. C. The Hon’bie Court may kindly be pleased to issue a writ in the nature of mandamus to the respondents to direct the respondents to revise the terms and conditions of the agreement looking to the report of Chief Technical Examiner(Vigilance), Raipur dated 02.06.2009 (Annexure P-5). t, D. lt be declared that the executed memorandum of agreement (Annexure P-2) has become impossible and not enforceable in eye of law, looking to the facts and circumstances 20f“ the case and liable to be recalled by issuing a writ in the nature of mandamus. E. The Hon’ble Court may kindly be pleased to grant any other relief, which deems fit and proper in the facts and circumstances of the case. Cost of the petition.” 3 W.P.(C) No.5789/2009 Learned counsel for the petitioner submits that the petitioner has been issued show cause notice on 22.07.2009 under clause 3 of the agreement and another communication in this regard has been issued on 07.08.2009. He submits that the repiy to the show cause notice has been filed vide Annexure P/11, but no decision has been taken in this regard. Since no decision has been taken by the respondents after issuance of the show cause notice to the petitioner as per ciause 3.3 of the agreement and the notice has not been challenged being without jurisdiction and non est, we are not inclined to interfere at this stage. The petition has no merit. The same is liable to be dismissed and is accordingly dismissed at the motion stage itseif. a shyna Sd/- Sd/— Sunil Kumar Sinha R .L. JHANWAR Judge Judge