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2013 Supreme(Jhk) 290

APARESH KUMAR SINGH
Panchanand Choudhary – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia.
For the Respondents: JC to AG.

Order

Heard learned counsel for the parties.

2. The petitioner has been allotted Sand Ghat in the District of Godda on the basis of NIT dated 25.5.2011 where under an agreement was also entered on 1.9.2011.

3. It is submitted on behalf of the petitioner that on the date of bidding dated 14.6.2011 by a general notice, conditions were imposed by the order of Deputy Commissioner, Godda by an executive order which is not in accordance with law as framed by legislature, whereunder the present petitioner like other settlee have been prevented to transport the sand anywhere outside the district of Godda. The petitioner is being aggrieved by the said notice, which is under challenge in the present writ petition.

4. The petitioner is also aggrieved by the notice at Annexure-6 by which the settlee like the petitioner was directed not to resort to use of machine in lifting and loading of sand from the Sand Ghats for protecting the interest of the local labourers. Learned counsel for the petitioner submits that the stand taken by the respondent is illegal as they cannot change the terms and conditions of the NIT in which petitioner willingly and consciously participated having proper knowledge, wh






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