LAWS(MPH)-2007-8-103

NAND KISHORE CHOUDAHA S/O LATE SHRI BAIJNATH CHOUDAHA Vs. UNION OF INDIA (UOI) THROUGH JOINT DIRECTOR, CENTRAL GOVERNMENT HEALTH SCHEME

Decided On August 03, 2007
Nand Kishore Choudaha S/O Late Shri Baijnath Choudaha Appellant
V/S
Union Of India (Uoi) Through Joint Director, Central Government Health Scheme Respondents

JUDGEMENT

(1.) THE petitioner has sough following reliefs:

(2.) (a) Case of the petitioner is that the respondent issued an advertisement for procuring premises for the office and hospital run by the Central Government. Petitioner in response to the advertisement offered his premises on commercial basis at the rate of Rs.50,000/ -per month. The respondent intended to take full ground floor, first floor and part of the second floor of the premises and requested the petitioner to carry out certain additions and alterations. The petitioner agreed to do so and also agreed to accept the rent as per the Fair Rent Certificate to be issued by the Central Public Works Department (hereinafter referred as C.P.W.D. in short) on commercial basis for commercial purposes. A copy of the letter sent by the petitioner to the respondent in response to advertisement and negotiations is on record as Annexure P -2. Alongwith Annexure P -2 the petitioner submitted particulars of the building proposed to be let out for fixing of fair rent by the C.P.W.D.

(3.) DURING the course of arguments, Shri Dharmendra Sharma, Assistant Solicitor General or India, submitted that this petition involves disputed question of facts and has been filed for the enforcement of contractual obligations by the Power of Attorney in his own name is not maintainable and may be dismissed.