KARAM VIR DHIR Vs. PUNJAB STATE

JUDGEMENT

(1.) THE plaintiff-appellant is in second appeal arising out of suit for recovery of Rs. 83,500/-.

(2.) THE plaintiff had taken a contract for fishing of drains namely Mudki Drain, Pakka Drain, Langana Drain No. I, Langana Drain No. II, Gholia Drain and Chand Bhan Drain, Golawala Drain, Golawala link Drain, and Jalalabad Mauzen Drain for the period 1.9.1978 to 21.8.1979. The plaintiff deposited a sum of Rs. 30,100/- relating to one bid and another sum of Rs. 28,400/- for another bid. The said amount was paid for getting the contract in question for catching the fish from the above mentioned drains. The plaintiff claimed another sum of Rs. 25,000/- on account of loss occasioned to him and also interest on this amount. It was stated that the licence for catching fish was required to be issued after his bid was approved by the Executive Engineer, Ferozepur, but the licence was not granted. The plaintiff also made a grievance that some other persons were taking out fish from the water of the drains for which fishing rights have been auctioned in favour of the plaintiff and that some of the panchayats had auctioned separately some ponds forming part of these drains, in respect of which the plaintiff has submitted his bills. The plaintiff alleged that the water of the drain has been poisoned by some mischievous persons resulting into death of lot of fish which also caused loss to the plaintiff.

(3.) ON the basis of these averments, the parties went to trial. It was found that one of the condition of the contract was that the final acceptance of bid was to be granted by the Executive Engineer, Drainage Construction, Division, Ferozepur. The approval of the Executive Engineer allegedly vide letter dated 4.12.1978 Ex. D.1 was after three months and that too, the said letter was not communicated to the plaintiff. Thus, there is a violation by the Department with regard to the terms of auction. Consequently, the learned trial Court passed a decree for the recovery of Rs. 58,500/- but no order granting interest was passed.