BAL KRISHAN VAID Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this writ petition, the petitioner prays for the quashing of an order dated June 20/27, 1974 made by the Himachal Pradesh Government terminating a quarrying contract in his favour.

(2.) THE Central Government has undertaken the construction of a hydel project known as the Baira Siul Hydel Project. The material required in the construction work includes sand, stone and bajri, and for that purpose the material is drawn from the adjoining bed of the river Siul. It appears that for the year 1973-74 the Project entered into an agreement directly with the Himachal Pradesh Government entitling it to extract and remove the material required for the construction work. In January 1974 the Industries Department of the Himachal Pradesh Government decided to auction the reaches of the river bed to private contractors. A public auction was held on February 19, 1974. The reach between Kella and Hathni was auctioned to the petitioner for Rs. 27,300/- and the reach between Hathni and Kandla was auctioned to Umesh Kumar for Rs. 10,200/-. Both leases are for one year. It may be mentioned that the reach between Kandla and Suradla had already been auctioned on February 22, 1972 to Vinod Kumar Sud for three years for about Rs. 1400/-. The three reaches are situated contiguously. On March 15, 1974, the petitioner executed a deed of agreement in Form 'K', and entered into possession of his reach of the river bed.

(3.) THE respondents have raised a number of preliminary abjections. The preliminary objections are: