GRAM PANCHAYAT, KAFNOO Vs. SURENDER NEGI

JUDGEMENT

(1.) The appellant, who is aggrieved by the judgments and decrees passed against it concurrently by the learned Courts below, has preferred the instant second appeal.

(2.) The plaintiff filed a suit for recovery of Rs. 2,23,388/- on the ground that on 19.03.2011, the defendant issued public notice inviting tenders from the general public for auction of sand and aggregate from the banks of Bhaba Khad vide notice of auction dated 19.03.2011. The plaintiff like other bidders deposited the security amount of Rs. 1,000/- with the defendant. On 21.03.2011, the defendant conducted auction and his tender being highest was accepted. As per terms and conditions, the plaintiff deposited an amount of Rs. 1,60,000/- vide cheque No.676758 dated 21.03.2011. The plaintiff claims that despite request the defendant failed to execute the agreement. The defendant disclosed to the plaintiff that the dispute has arisen between the Gram Panchayat, Kafnoo and the Gram Panchayat, Yangpa with respect to their rights and the defendant assured him that after the resolution of the dispute, the aforementioned works will be awarded to him. But even thereafter, the defendant failed to award the aforementioned works to him. The plaintiff served a legal notice under Section 80 CPC upon District Collector, Kinnaur, Block Development Officer, Development Block, Nichar, but to no avail.

(3.) The defendant contested the suit by filing written statement, wherein preliminary objections regarding maintainability, suppression of true facts, estoppel, limitation, valuation and cause of action were raised. On merits, the defendant admitted that it had issued public notice for inviting participants for auction of sand and aggregate and the auction was allowed to the plaintiff on 21.03.2011 and that the plaintiff had deposited Rs. 1,60,000/- through cheque with the defendant on 21.03.2011. The defendant has denied any dispute between the Gram Panchayat, Kafnoo and the Gram Panchayat, Yangpa. The defendant thus prayed for dismissal of the suit with costs.