BHAGWATSINH KALUBHAI PARDESHI Vs. DEVGADH BARIA NAGAR PALIKA

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the action of the respondent of canceling his contract vide impugned communication / letter dated 26.11.2013, produced at Annexure -E to this petition.

(2.) THE brief facts leading to the filing of the present petition are that the petitioner was allotted the contract of breeding fish by the respondent and in respect thereof, an agreement came to be executed between the parties on 30.08.2010. According to the petitioner, he has spent an amount Rs.9,50,102/ - pursuant to the allotment of the aforesaid contract. It is the case of the petitioner that the period of the aforesaid contract was extended by the respondent from a period of three years to six years vide communication / order dated 18.11.2013. However, after about a week pursuant thereto, i.e. on 26.11.2013, the petitioner received the impugned communication, wherein, it was stated that through inadvertence the contract of the petitioner was extended to six years. The respondent authorities fixed 18.12.2013, as the date for fresh tender / auction. Hence, the present petition.

(3.) ON the other hand, Mr. Desai, learned Advocate, supported the action of the respondent and submitted that the respondent has no power to grant the contract for a period of six years and that the petitioner was granted the contract for six years through inadvertence, because of unawareness on the part of the respondent of the resolution of the Fisheries Department, Dated : 25.02.2004. He, hence, prayed that the petition be dismissed.