Smt. Pariwari Devi vs State of Uttarakhand and Another

Barin Ghosh, C.J.—A public auction was advertised. The terms and conditions thereof were also advertised. In terms thereof, the highest bidder was to be permitted to sell flowers at Har-ki-pauri for the period from 11th September 2009 to 10th September 2010. The terms and conditions of the auction further made it clear that during the ensuing Kumbh Mela - 2010 the successful bidder shall not be permitted to sell flowers at Har-ki-pauri. Being aware of those terms and conditions, petitioner (appellant herein) participated in the auction and, having been declared the highest bidder, was awarded the contract. The contract is in writing, which incorporates, amongst others, the aforementioned terms of the auction. For four months, i.e., from January to April 2010, Kumbh Mela - 2010 was performed at Har-ki-pauri and during the said period, the appellant was not permitted to sell flowers at Har-ki-pauri. In a writ petition filed, the petitioner sought extension of the period of the auctioned right to sell flowers by four months, on the ground that she was not permitted to sell flowers at Har-ki-pauri during the period of four months Kumbh Mela - 2010 took place at Haridwar. The writ petition has been dismissed and hence the present appeal.

Having regard to the fact that the terms of the auction and the contract later on entered by the appellant did not contemplate extension of the period of the auctioned right and it having been provided in explicit terms that the successful bidder will not be permitted to sell flowers during the ensuing Kumbh Mela - 2010, there is no scope of extension of the period of the auction for the appellant could not sell flowers for four months during Kumh Mela - 2010, and the same, having been held by the learned Single Judge while rendering the judgment and order under appeal, there is no scope of interference and, accordingly, we refuse to admit the appeal.