Mohammad Rais v. the Secy. U.P. Sainik Punarvas Nidhi Lko. and Another

Court No. - 3

Case :- WRIT - C No. - 3834 of 2024

Petitioner :- Mohammad Rais Respondent :- The Secy. U.P. Sainik Punarvas Nidhi Lko. And Another Counsel for Petitioner :- Mohiuddin Khan

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

(1) Heard the learned counsel for the petitioner.

(2) This petition has been filed by the petitioner for the following main prayer:-

"1) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no.1 to forthwith refund back the excess amount towards 31,686 trees and release the security amount of Rs.30,000/- along with interest @ 18% per annum from due date till the date actual payment is made to the petitioner within such time period as may be deemed fit and proper by this Hon'ble Court."

(3) It is the case of the petitioner that the Opposite party no.1, the Uttar Pradesh Sainik Punarvas Nidhi Governor's Secretariat, Raj Bhawan, Lucknow, through its Secretary issued a Tender Notice for sale of 58,000 Eucalyptus Trees in the Newspaper in September, 1999. The petitioner was the highest bidder and was granted work order on 21.09.1999. The petitioner had paid Rs.6,37,000/- for cutting of such 58,000 Eucalyptus Trees. The petitioner thereafter started work for cutting the trees but he was shocked when he found that there were only 20,000 Eucalyptus Trees on the spot. The petitioner, therefore, made an application to the Opposite party no.1 to adjust the amount that has already been paid by the petitioner for 58,000 tress with the number of tress available after conducting an Inquiry and to return excess money to him.