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MUKESH PATHAK versus UNION OF INDIA THRU' DIRECTOR GENERAL CRPF & ORS.

High Court of Judicature at Allahabad

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Mukesh Pathak v. Union Of India Thru' Director General Crpf & Ors. - WRIT - C No. 5530 of 2003 [2006] RD-AH 6148 (21 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard both the sides.

The petitioner's bid for cutting the old trees was accepted. It was approved also. After the approval, the work order was also issued, that is to say the contract stood completed.

The higher authority had a right to rescind the contract without assigning any reasons under Clause 8 of the auction notice.

The higher authority has passed such an order on certain complaints. The complaints are basically that the auction should have fetched a higher price and the highest bid was accepted in the auction was in a hurry.

These reasons may not have constituted a sufficient ground for rescinding the contract after approval and after issuing of work order.

However, unfortunately, the petitioner after cancellation order, made an application for refund of the money paid by him under the contract. The money was paid back by a bank draft to the petitioner and is deposited in his account and the same was encashed.  Therefore, the petitioner now has no right left to file this writ petition in the discretionary jurisdiction of this Court on the principles of estoppal.

The plea advanced by the learned counsel for the petitioner that the application for refund was taken from the petitioner forcibly and the money was refunded to the petitioner forcibly, is a thoughtless plea as nobody could have forced the petitioner to have deposited the bank draft in the petitioner's bank account .

Writ petition is dismissed, accordingly.

21.3.2006

VKS/ WP5530/03


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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