Super High Tech vs Commissioner and Special Officer, Municipal Corporation of Hyderabad, Hyderabad and Others

S.R. Nayak, J.—On a short ground, this writ petition is entitled to be allowed and the impugned order is liable to be I quashed.

The Commissioner and Special Officer, Municipal Corporation of Hyderabad by the impugned proceeding No.CE/MCH/TA-1/K2/2000-6508, dated 2-12-2000 has debarred the petitioners herein for a period of one year from Tendering/ Nomination/Unit Rates works in MCH. Although, no citizen has a fundamental right to insist that the Government and the statutory authorities should contract with him, every citizen fulfilling the prescribed qualifications has a right to apply and to be considered for award of contract and this right is guaranteed by the Constitution of India under Article 14 read with Article 19(1)(g). Such a fundamental right of the petitioners has been taken away by the impugned proceeding without hearing the petitioners. Thus, one could find an apparent infraction of principles of natural justice and violation of postulates of Article 14 of the Constitution of India in the impugned action of the Municipal Corporation of Hyderabad.

When this matter was heard on a previous occasion, we wanted to satisfy ourselves whether the impugned proceeding was issued after hearing the petitioners. Therefore, the learned Standing Counsel for, Municipal Corporation of Hyderabad was requested to let us know whether the impugned proceeding was preceded by any notice to the petitioners and, the learned Standing Counsel today, on instructions, submitted that no notice was issued to the petitioners before the impugned proceeding.

In the result, the writ petition is allowed and the impugned proceeding is quashed with no order as to costs.