High CourtsDivision Bench(2002) 09 PAT CK 0013

Pandaul Anchal Matsyajibi vs Pandaul Prakhand Janta

Patna High Court · Decided on 27 September 2002 · Citation: (2002) 4 PLJR 779

HON’BLE JUDGES
Ravi S. Dhavan, C.J · R.N. Prasad, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 1017 of 2002

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Judgment

5 paragraphs · 230 words
1.

The contention of learned Counsel is that with remission cases pending, notwithstanding the amount due the fact that the learned Judge has restrained the candidature of the Petitioner society being considered for a contract for terry rights, the order is illegal. The contention is also coupled with a submission that there is no legal impediment in the settlement of the tanks with the Appellant''s society as remission is part of the process which has to be considered. This submission has also been made in a supplementary affidavit which has been filed today.

2.

This Court is afraid it does not agree with the contention of learned Counsel for the Appellant. All that has happened is that the learned Judge has observed that if amounts be due and they have to be considered in remission proceedings, then, it would be better that the amount be paid and while the proceedings may remain pending the Petitioner may be considered for the bid which it has made for ferry rights.

3.

The Court cannot embroil the State into litigations that revenues will get embroiled in pending proceedings and yet those who have to receive contracts from the State will continue and enjoy the fruits of the contract while arrears are being adjudicated.

4.

This Court does not find any error in the order of the learned Judge on the writ petition.

Dismissed.