R.D.ENTERPRISES Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner has prayed for following main reliefs:

(2.) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Nitin Yadav, learned counsel for the petitioner is that prayer made by the petitioner to the respondentBank for cancellation of FDR amounting to Rs.40,00,000.00 made in the name of Deputy Commissioner (State Taxes and Excise), Nahan, Himachal Pradesh by the petitioner- M/s R.D. Enterprises, has been rejected unlawfully without there being any authority.

(3.) For having bird's eye view, facts relevant for adjudication of the case at hand, are that State Government notified public notice inviting bids for lease to collect Toll by auction-cum-tender under the HP Tolls Act, 1975 for the year 2019-20 and date for auction cum tender was fixed for 14/3/2019. Since on the afore date, auction could not be held, vide notification dtd. 25/3/2019, auction again came to be re-notified for 27/3/2019 in respect of Toll Units of District Sirmaur, Himachal Pradesh. Petitioner being eligible as per condition No. 2.3.2 of the Toll Announcements for the concerned year, participated in the auction cum tender process for Kala Amb and Behral toll units of the District Sirmaur. On 27/3/2019, petitioner was declared successful bidder by the selection committee against the bid of Rs.7,39,50,000.00 and Rs.4, 78,50, 100.00 for Kala Amb and Behral toll units, respectively (total amount of Rs.12,18,00,100.00). After approval/confirmation by the Commissioner of State Taxes & Excise, Himachal Pradesh, afore units were allotted in favour of the petitioner for the period w.e.f. 1/4/2019 to 31/3/2020 and thereafter, petitioner herein deposited earnest money equal to 1% of the reserve price i.e. Rs.7,39,570.00 and Rs.4,78,740.00, respectively by way of separate FDRs. As per condition No. 2/3/13 of the Toll Announcements for the year 2019-20, 20% of the bid amount was to be deposited by the petitioner within ten days or by 31/3/2019. However, on 30/3/2019, petitioner informed the office of respondent No.2 that it is not in position to run the barriers qua which it was found to be the highest bidder, as a result thereof, respondent department was compelled to put afore barriers to reauction, which could only fetch sum of Rs.10,94,50,000.00. Since prior to 31/3/2019, petitioner herein on account of its being declared successful bidder had got prepared one FDR No. 38349082567 dtd. 26/3/2019, amounting to Rs.40,00,000.00 in the name of respondents No.2 and it had intimated the respondent-department that it is not in a position to run the barriers, it approached respondent-Bank for cancellation of FDR made in the name of respondent No.2. Before afore prayer made by the petitioner to the respondent-bank could be considered, respondent No.2 sent a communication to respondent-Bank to put on hold the FDRs prepared by the petitioner in the name of respondent No.2, as a result thereof, sum of Rs.40,00,000.00, deposited by the petitioner for preparation of FDR detailed herein above, is lying unused and petitioner herein is suffering continuous loss . In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein to issue direction to the respondent-Bank to cancel the FDR and release the amount in favour of the petitioner.