KHEL BANERJEE Vs. CITY MONTESSORI SCHOOL

JUDGEMENT

(1.) These petitions have been filed for review of judgment dated 2.7.2012 passed in Civil Appeal Nos. 10181 and 10180 of 2011 arising out of SLP(C) Nos. 13585 and 22369 of 2011.

(2.) For deciding the review petitions we may briefly notice the relevant facts.

(3.) Shri Shanti Bhushan, learned senior counsel appearing for the review petitioner invited our attention to paragraph 7 of judgment dated 2.7.2012 and submitted that the observations made by this Court that the review petitioner did not challenge the cancellation of bids by availing appropriate legal remedy and that the Governor had passed order for restoration of plot in favour of the review petitioner in violation of the Rules of Business are factually incorrect. Learned senior counsel referred to letter dated 5.7.1995 sent by the Manager of the review petitioner to Commissioner, Lucknow Division and order of the same date passed by the latter to show that soon after cancellation of the bid, the review petitioner did represent its cause before the higher authority and the action taken by the Vice Chairman of LDA to cancel the bid was suspended by the Commissioner. Shri Shanti Bhushan also referred to communication dated 18.7.1995 sent by Commissioner, Lucknow Division to theChairman, LDA and argued that this Court committed an error by non-suiting the review petitioner on the ground that it had not availed legal remedy against the cancellation of bid. Learned senior counsel also referred to the Presidential Proclamation issued under Article 356 of the Constitution and submitted that with the imposition of President's Rule, the Governor acquired all the powers exercisable by the State Government and, therefore, the order passed by him for restoration of the plot cannot be characterized as arbitrary or illegal. In the end, Shri Shanti Bhushan relied upon paragraph 67 of this Court's judgment in Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh and others, 2011 5 SCC 29 and submitted that the Court may direct the State Government and the LDA to allow participation only of the educational institutions in the auction to be held in view of the directions contained in judgment dated 2.7.2012.