VIKRAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant case is an example which reveals the magnitude to which a litigant can abuse the process of the Court. The petitioner has entered into an agreement (contract) with the respondent No. 2 for a period of three years to run a canteen on making certain amount of payment and after exploiting most of it, he has challenged the validity of the said agreement and prayed that the said judgment dated 5-6-93, contained in Annexure-1 to this petition, be quashed.

(2.) An auction was held on 10-5-92 to award a contract of the canteen by the respondent No. 2 in the area of Krishi Upaj Mandi Samiti, Mandore Road, Jodhpur. The petitioner was the highest bidder as he made a bid of Rs. 1,70,700/- for a period of three years. An agreement to the said effect was entered into between the parties on 5-7-92 (sic). After having an agreement, the petitioner was delivered the possession of the canteen and he made the payment of the amount on various dates and on 11-7-94 the dues remained only to the tune of Rs. 56,900/-. The respondent No. 2 asked the petitioner to deposit the said amount, the instant writ petition has been filed challenging the validity of the said agreement after acting upon it and deriving benefits of it for two years.

(3.) The only ground, on which it has been assailed is that a large number of persons, who had been in possession of the canteens or shops and dealing in eatables since 1975 and 1982 in the premises, were paying a very low premium as monthly licence-fee and the petitioner has been asked, in the auction, to deposit the huge amount and, thus, it was discreminatory and violative of Article 14 of the Constitution of India.