STATE OF HARYANA Vs. HAWA SINGH

JUDGEMENT

(1.) Plaintiff-Hawa Singh filed a suit for declaration to the effect that he was not liable to pay Rs. 14,200/- demanded by the State of Haryana and as a consequential relief for permanent injunction restraining the State of Haryana from taking coercive steps for realisation of the said amount.

(2.) The facts leading to the filing of the suit are that the plaintiff was the highest bidder for country liquor vend during the year 1970-71 and his bid of Rs. 51,000/- for the whole year was accepted. In consequence thereof, he deposited Rs. 8,500/- being 1/6th of the bid amount. He was, however, not granted the licence to run the vend nor the quota of the liquor was issued to him. The bid accepted in plaintiff's name was cancelled without any notice to this and it was accepted in favour of another person for Rs. 27,600/-. It was alleged by the plaintiff that on account of this he suffered a loss because the order cancelling the bid was a breach of contract. He further alleged that he never refused to accept the licence.

(3.) The suit was contested by the State on various grounds including the one that the civil Court had no jurisdiction and that the plaintiff was estopped from filing the suit. It was denied that the plaintiff deposited 1/6th of the bid amount and that the licence had been issued to the plaintiff. It was further pleaded by the State that the plaintiff also took delivery of liquor in pursuance of the licence granted to him and that the vend was re-auctioned after the same had been cancelled in favour of the plaintiff and also that a notice had been issued before cancelling the licence.