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Ramesh Pratap Chand v. Union Of India Thru' Secy. & Others - WRIT - C No. 65002 of 2005 [2005] RD-AH 4069 (5 October 2005)


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).


Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) M.Chaudhary, J.

The contention of the petitioner is that a notice was published on 12th September, 2005 in the daily newspaper Nav Bharat Times, published from Gwalior inviting tenders for fishery rights of Rajghat Dam Reservoir for the season 2005-06(From the date of contract till 15th June, 2005).  The petitioner after purchasing the tender documents had got prepared five  bank drafts for a sum of Rs.4,40,000/-,copies of which have been filed as Annexure No.5 to the writ petition.  However, when he went to submit the tender document, he was prevented by the persons standing on the gate of the office of the Superintending Engineering, respondent No.4 and, therefore, he could not submit his tender.  Earlier the son of the respondent No.6 was having fishery rights and now the respondent No.6 being the highest bidder on exclusion of the petitioner by undue coercion is going to be awarded the fishery contract.  The submission is that the entire process has been vitiated by the illegal activities of henchmen of the respondent No.6 and, therefore, the awarding of contract be stayed.  Prima facie ,the averment made in the writ petition require consideration by this Court is that the petitioner after having got prepared the bank draft for sum of Rs.4,40,000/- has been prevented by the respondent no.6 and his henchmen to submit his tender.

Issue notice.

Notice on behalf of respondents no.1 to 5 has been accepted by Sri S.Farman Ahmad Naqvi. Notice on behalf of the respondent No.6 has been accepted by Sri K.N. Mishra. They pray for and are granted time till evening of Thursday i.e. 6th October, 2005 to file counter affidavit. The respondents shall serve the copy of the counter affidavit upon Sri M.D. Singh Shekhar, learned counsel for the petitioner by Thursday evening and thereafter Sri M.D.Singh, Shekhar, learned counsel for the petitioner will file rejoinder affidavit on 7th October,2005 when the case will be taken up.

Put up as a fresh case before the appropriate Bench on 7th October, 2005. Till then the respondents No.1 to 5 shall not finalize the fishery rights of the respondent No.6 in respect of Rajghat D                                               am Reservoir in question.




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