SURINDER KUMAR AND COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner being the highest bidder was allotted a liquor vend by the respondent at village Assaudha, Tehsil Ballabgarh District Rohtak for Rs. 6,10,000/ - for the year 1989 -90 i.e. from 1.4.1989 to 31.3.1990. The petitioner deposited a sum of Rs. 1,14,174/ - as earnest money within the stipulated period.

(2.) Gram panchayat of village Assaudha filed a civil suit in the Court of Sub -Judge 1st Class, Ballabgarh against the petitioner and the State Government on the ground that no liquor vend can be allotted at the place where the petitioner was supposed to carry on the business of selling liquor. The Sub -Judge 1st Class, Ballabgarh granted stay on March 31, 1990, with the result that the petitioner could not start the liquor vend for which he had given the highest bind and had even deposited the earnest money, as observed above.

(3.) As the petitioner could not start the liquor vend for the entire period of the year 1989 -90 (1.4.1989 to 31.3.1990), he asked for he refund of the earnest money in writing and even gave legal notice for its refund. The respondents having failed to refund the amount, the petitioner approached this Court.