TaxTMI 
TaxTMI 
2020 (2) TMI 1301
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....d by the order dated 6.8.2018, passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition No.8708 of 2017 thereby, declining to entertain the petition since the petition involves question of facts. 4. The facts, in brief, giving rise to the present appeal are as under: The respondent - District Collector, Satara had issued a notice of public auction for auctioning the sand blocks of Krishna river in the year 2012. The appellant had submitted his bid for excavation of sand insofar as Gat No.956A, Plot No.2 at village Rethare Khurd, Taluka Karad. The agreed quantity of excavation was 8500 brass. The appellant's bid being the highest i.e. Rs. 59,75,000/, he was awarded the tender. On 3.1.2012, the appellant depos....
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....d - respondent No.3, in turn, submitted a report on 4.9.2012 reiterating the factual position. It appears, that in the transit the file was lost and as such, though the appellant was not granted possession of the sand block and though yet he had not excavated any sand, the refund of the amount could not be made to him. It appears that there were further correspondences between the authorities and finally, the Desk Officer of the respondent No.1 - State Government vide order dated 25.3.2014 rejected the prayer of the appellant seeking refund of the auction amount. The appellant again made several representations. Since there was no response, the appellant approached the High Court by filing Writ Petition No. 8708 of 2017. As stated earlier,....
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....emerge as to the maintainability of a writ petition: (a) In an appropriate case, a writ petition as against a State or an instrumentality of a State arising out of a contractual obligation is maintainable. (b) Merely because some disputed questions of fact arise for consideration, same cannot be a ground to refuse to entertain a writ petition in all cases as a matter of rule. (c) A writ petition involving a consequential relief of monetary claim is also maintainable. 28. However, while entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under Article 226 of the Constitution is plenary in....
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....f facts. 7. It is undisputed, that the appellant was the highest bidder for the sand block in question. The appellant has deposited an amount of Rs. 62,26,085/. The Panchnama prepared by the Circle Officer, Kale respondent No.5, clearly exhibited that neither possession of the sand block in question was given to the appellant nor excavation of sand was done from the said sand block. The said position is reiterated by the Tehsildar, Karad - respondent No.4 in his report submitted to the Collector respondent No.2 dated 9.8.2012. The SubDivisional Officer, Karad - respondent No.3 in his report dated 4.9.2012, addressed to the Collector, Satara also confirmed the said position. A perusal of the letter dated 3.10.2012, addressed by the Collecto....
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....rust, Bikaner vs. Mohan Lal (2010) 1 SCC 512: "6. This Court has repeatedly expressed the view that Governments and statutory authorities should be model or ideal litigants and should not put forth false, frivolous, vexatious, technical (but unjust) contentions to obstruct the path of justice. We may refer to some of the decisions in this behalf. 7. In Dilbagh Rai Jarry v. Union of India [(1974) 3 SCC 554 : 1974 SCC (L&S) 89] this Court extracted with approval the following statement [from an earlier decision of the Kerala High Court (P.P. Abubacker case [Ed.: P.P. Abubacker v. Union of India, AIR 1972 Ker 103 : ILR (1971) 2 Ker 490 : 1971 Ker LJ 723] , AIR pp. 10708, para 5)]: (SCC p. 562, para 25) "25. ... '5. ... The State, under o....
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....f India way back in 1957.' " 8. In Madras Port Trust v. Hymanshu International [(1979) 4 SCC 176] this Court held: (SCC p. 177, para 2) "2. ... It is high time that Governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what is fair and just to the citizens. Of course, if a Government or a public authority takes up a technical plea, the Court has to decide it and if the plea is well founded, it has to be upheld by the court, but what we feel is that such a plea should not ordinarily be taken up by a Government or a public au12 thority, unless of course the claim is not well founded and by reason of delay in filing it, the evidence for th....