SPA/142/2022
2022 Latest Caselaw 1850 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL


       THE ACTING CHIEF JUSTICE SRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SRI RAMESH CHANDRA KHULBE



                  SPECIAL APPEAL NO. 142 OF 2022

                              27th JUNE, 2022


 Between:

 Devesh Singh Khetwal
 S/o Jeevan Singh Khetwal
 R/o Village Tuped Haal
 Kathayatbada, District Bageshwar
                                                    ......    Appellant

 and

 1.     State of Uttarakhand
        Through Secretary Mining,
        Govt. of Uttarakhand, Dehradun.
 2.     State of Uttarakhand
        Through Secretary Mines and Minerals
        Govt. of Uttarakhand, Dehradun.
 3.     The District Magistrate, Bageshwar.
 4.     Sub-Divisional Magistrate, Kapkot,
        District Bageshwar.
 5.     Mining Officer / Geological Officer,
        Kapkot, District Bageshwar.
 6.     Santosh Tiwari S/o late Ghananand
        Tiwari, R/o Katyur Bazar,
        District Bageshwar.
 7.     Naveen Parihar, S/o Sri Kheem Singh
        R/o Petrol Pump, Kathayatbada,
        District Bageshwar.
                                                    ...... Respondents


Counsel for the appellant         :   Dr. Kartikey Hari Gupta, learned
                                      counsel

Counsel for the respondents       :   Mr. Vikas Pande, learned Standing
                                      Counsel for the State / respondent
                                      Nos. 1 to 5
                                   2




Upon hearing the learned Counsel, the Court made the
following


JUDGMENT:     (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




             By filing this intra-court appeal, the petitioner

/ appellant has assailed the order dated 28.03.2022,

passed by the learned Single Judge, in Writ Petition

(M/S) 1150 of 2021, giving liberty to the petitioner to

make a representation before the District Magistrate,

and a direction to the respondent No. 3, District

Magistrate, Bageshwar, to consider his request, and to

pass appropriate orders for refund of money which has

been forfeited by the respondents in exercise of his

power under Clause 21 of the Policy.


2)           Dr. Kartikey Hari Gupta, the learned counsel

for the appellant, would submit that the Appellate Court

may expand the scope of the enquiry that has been

given to the District Magistrate, Bageshwar, to consider

if the said work for which the appellant has filed the

security deposit can be granted in favour of the

appellant.
                               3




3)         Having     heard       learned   counsel   for   the

petitioner / appellant, we are of the opinion that such an

expansion of re-consideration and representation cannot

be granted as it may lead to (i) dishonesty and corrupt

practices, (ii) denial of a fresh player to bid for the same

work.


4)         In that view of the matter, the Special Appeal

is devoid of any merit. The same is, hereby, dismissed.


           Interim Relief Application (IA No. 01 of 2022)

also stands disposed of.



                         ___________________________
                         SANJAYA KUMAR MISHRA, A.C.J.



                              _____________________
                              RAMESH CHANDRA KHULBE, J.

Dt: 27th JUNE, 2022 Negi