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ASHOK KUMAR v STATE OF RAJ. & ORS - SAW Case No. 01247 of 2000  RD-RJ 527 (29 March 2006)
D.B. SPECIAL APPEAL (WRIT) NO.DR(J)1247/2000 [Ashok Kumar Vs. State of Raj. & Ors.]
HON'BLE MR.JUSTICE RAJESH BALIA
HON'BLE MR. JUSTICE R.P. VYAS
Mr. Anand Purohit for the appellant. _____
Heard learned counsel for the appellant.
This appeal is directed against the order of learned Single Judge dated 29.11.1999 holding that so far as the question of stopping the new auction for grant of contract of collecting toll tax has already been held after vacating the interim order and contract has been given to third party, therefore, that relief does not survive. So far as the prayer for refund of security amount deposited by the petitioner is concerned, the petitioner was directed to make representation before the competent authority within four weeks and the respondents were directed to decide the same as early as possible, if such representation is preferred.
We are informed that so far the re- auctioning of the contract is concerned, no dispute can be raised because that period has come to an end. However, the learned counsel for appellant informs that in terms of the order, a representation was moved and the same has been rejected.
In that event, the petitioner is free to challenge the order passed on representation independently by bringing all the facts on record concerning the dispute about refund.
In this appeal, no relief can be granted in respect of the order which has come into existence on appellant's representation filed after writ petition was disposed of, as it gives the petitioner a new cause of action.
The appeal is accordingly, dismissed.
No costs. [ R.P. VYAS ], J. [ RAJESH BALIA ], J. babulal/
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