GIRIJA SHANKAR SHARMA Vs. COLLECTOR HOSHANGABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petitioner wanted to give a tender for construction of tube-wells, the last date for which was 6-12-1972. For giving tender, solvency certificate of Rs. 1,00,000/- (One lac) was required by the petitioner. He, therefore, filed an application on 9-11-1972 accompanied by certain documents vide Annexures A, B, c to the Collector, Hoshangabad who was the competent authority to grant the certificate. The said application was rejected by the Collector on 7-12-1972 vide Annexure 'd'. The contention of the petitioner is that the rejection of his application was mala fide due to personal grudge against Shri Ramlal Sharma, the natural father of the petitioner and that it was wholly unjustified. He has, therefore, filed this petition, praying that the order of the Collector, Hoshangabad be quashed and an appropriate writ be Issued directing the respondent to issue a solvency certificate for Rs. 1,00,000/- (One Lac) to the petitioner.

(3.) IN the return filed by the respondent it is denied that the action of the Collector was mala fide or due to personal grudge. The case of the respondent is that solvency certificate was refused because it was found from the record that the petitioner did not own any immovable property and grant of solvency certificate on the basis of movable property is prohibited.