Unemployed Youth Welfare Organization vs State Of Manipur

[1] Heard Smt. Th. Babita, learned Advocate appearing for the petitioner; Shri Y. Nirmolchand, learned Senior Advocate appearing for the

IMC, Shri K. Rabei, learned counsel appearing for the private respondent and Smt. L. Monomala, learned Government Advocate appearing for the

respondent Nos.1 and 2.

[2] The validity and correctness of the order dated 14-02-2020 issued by the Municipal Commissioner, Imphal Municipal Corporation is under

challenge in this writ petition and in addition thereto, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct

the respondents to allow it to continue the management of the allotted parking slot in the light of the IMC’s order dated 03-02-2020 till the

completion of the ongoing tender process.

[3.1] According to the petitioner, it is an Unemployed Youth Welfare Organization registered under the Manipur Societies Registration Act, 1989 for

which Shri Loitongbam Jitender Singh is the Secretary who has filed the instant writ petition.

[3.2] The public parking places in different areas of the Imphal Municipal Corporation are identified by it for the convenience of the public and

commuters, some of which are managed by the Imphal Municipal Corporation itself, while others are allotted to the private parties like association/

organization registered under the Manipur Societies Registration Act, 1989.

[3.3] The petitioner organization was appointed as the parking management agency for the public parking site “Eastern Back Side of Eikhoigi Hotel

to Northern Side of Leima Shopping via Back side of

Polo Ground to Opposite of MPP Office†by the Imphal Municipal Corporation vide its order dated 03-02-2020 till the tender process is completed

with effect from 06-02-2020. The said appointment of the petitioner Organization as the management agency was made under the following terms and

conditions:

(a) Payment @ Rs. 4000/- (Rupees Four Thousand) only per day as Parking Management Fee to Imphal Municipal Corporation till the tender process

is completed w.e.f. 06-02-2020.

(b) The Agent/Firm should deposit an amount of Rs. 12,000/- (Rs. 4000 x 3 months) only as security deposit within 3 (three) days from the date of the

issue of the Order.

(c) In case of any default or non-payment of monthly parking revenue to Imphal Municipal Corporation for 3 (three) consecutive months, the Order

shall be cancelled without giving any prior information.

[3.4] Prior to the allotment of the said parking management to the petitioner organization, the Imphal Municipal Corporation appointed a parking

agency namely, the New Cachar Road Jeep Taxi Transport Corporative Limited through Shri Kh. Rajesh Singh for the management of the said

parking area. Since the said parking agency failed to deposit the monthly tax continuously for more than three months, the Imphal Municipal

Corporation issued a show cause notice dated 24-01-2020 by which the said parking agency was instructed to submit its reply as to why its agency

should not be discontinued. The said parking agency failed to submit a reply to the show cause notice dated 24-01-2020 with the result that the Imphal

Municipal Corporation issued an order dated 03-02-2020 appointing the present petitioner organization by which the petitioner organization was

directed to deposit the amount of Rs.12,000/- (Rupees twelve thousand) as security within three months from the date of issue of the order. In

compliance with the said order, the petitioner organization deposited the amount on 07-02-2020 as a security deposit which was received by the Imphal

Municipal Corporation. It may be pertinent to mention here that the Imphal Municipal Corporation floated a tender in the last week of December, 2018

in respect of the said parking area for which the petitioner organization purchased the bid documents on payment of Rs.3,000/- (Rupees three

thousand) but due to the ban imposed on such works by the Election Commission of India in connection with the last parliamentary election, the tender

process was postponed till further order was issued in that regard.

 [3.5] After the said order dated 03-02-2020 having been issued in favour of the petitioner organization, it started the work of public parking

management of the said parking area but to its utter shock and surprise, the Imphal Municipal Corporation issued the order dated 14-02-2020,

impugned herein, cancelling the appointment order dated 03-02-2020 issued in its favour without any notice being given to it and at the same time, it

allowed the said parking agency to continue with the management of the parking area.

[3.6] Being aggrieved by the said order dated 14-02-2020, the instant writ petition has been filed by the petitioner organization on the ground that the

cancellation order dated 14-02-2020 was issued in violation of the principles of natural justice being violative of Article 14 & 21 of the Constitution of

India.

[4] An affidavit has been filed on behalf of the respondent No.4 stating therein that on receipt of the show cause notice dated 24 -01-2020, it

submitted its explanation explaining its failure to deposit the monthly rent and that the monthly rent was later deposited by it. It has been specifically

denied that the respondent No.4 failed to give reply to the show cause notice and to deposit the monthly rent. On 06-02-2020, it submitted a

representation to the Municipal Commissioner, Imphal Municipal Corporation for allowing it to continue as a parking agent for the said parking area

and after having received its application, the Municipal Commissioner, Imphal Municipal Corporation issued an order dated 14-02-2020 cancelling the

appointment order dated 03-02-2020 issued in favour of the petitioner organization and therefore, the IMC does nothing wrong and illegal in issuing the

order dated 14-02-2020. The stand of the Imphal Municipal Corporation as indicted in the affidavit filed on behalf of the respondent No.3 is that the

order dated 14-02-2020 was issued by the Imphal Municipal Corporation in order to continue operation of and maintenance of the public parking area

by the said parking agency and therefore, there was no question of arbitrariness on the part of the Imphal Municipal Corporation. It has not acted

whimsically while issuing the order dated 14-02-2020.

[5] It is not in dispute that the petitioner organization was appointed as the parking agency vide order dated 03-02-2020 in respect of the said parking

area which was cancelled vide order dated 14-02-2020. Its only allegation is that the order dated 14-02-2020 was issued cancelling the earlier order

dated 03-02-2020 without any notice being given to it which is violation of the principles of natural justice and therefore, the order dated 14-02-2020

being violative of Article 14 of the Constitution of India, is liable to quashed and set aside. This allegation that no notice was given to the petitioner

organization by the Imphal Municipal Corporation before the cancellation of the order dated 03-02-2020, is not denied in the affidavit filed on behalf of

the Imphal Municipal Corporation and moreover, there is not a single whisper about the said allegation. Since the averments made in the writ petition

as regards the said allegation are not denied, the same shall be deemed to have been admitted by the I mphal Municipal Corporation in terms of a

catena of decisions rendered by the Hon’ble Supreme Court. Considering the facts and circumstances of the case and after having heard the

learned counsels appearing for the parties, this Court is of the view that the order dated 14-02-2020 is bad in law and is accordingly liable to be

quashed and set aside.

[6] In view of the above, the instant writ petition is allowed and consequently, the order dated 14-02-2020 issued by the Municipal Commissioner,

Imphal Municipal Corporation is quashed and set aside with the direction that the petitioner association shall be allowed to continue with the

management of the said parking area in terms of the earlier order dated 03-02-2020 and in the meantime, the Municipal Commissioner, Imphal

Municipal Corporation is directed to complete the process of tender within a reasonable time. There shall be no order as to costs.