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2010 Supreme(Jhk) 1043

SUSHIL HARKAULI, D.N.PATEL
Anik Industries Limited – Appellant
Versus
Jharkhand State Housing Board, Managing Director, Chief Engineer, Both Are Jharkhand State Housing Board and Steadfast Commercial Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.L. Rawal Sr. Adv., A.K. Sinha, Sr. Adv., A.K. Sahani and V.C. Jha
For the Respondent: Sumeet Gadodia, S.K. Kapoor, Sr. Adv., Shymal Sarkar, Dipankar Bose, Indrajit Sinha and Rajesh Gupta

JUDGMENT :

D.N. PATEL, J.

1. This Letters Patent Appeal has been preferred against the judgment and order dated 18th December, 2008, passed by the learned single Judge in a writ petition bearing W.P.(C) No. 3374 of 2007, whereby, the writ petition was dismissed. Against this order of dismissal, the Appellant (original Petitioner) has preferred the present Letters Patent Appeal.

2. Following questions have mainly, been raised by Appellant for consideration;

2.1 Whether State instrumentality (Respondent No. 1) has acted unfairly and arbitrarily in grant of contract of public interest to Respondent No. 4;

2.2 Whether the decision making process of State instrumentality was influenced by extraneous/irrelevant considerations; and

2.3 Whether the Court has power of judicial review, in the matters of commercial/contractual transactions, between State instrumentality with the private party (Respondent No. 4 herein).

3. Factual Matrix:

3.1 Expression of Interest was published by the Jharkhand Stale Housing Board, Ranchi (Housing Board for the sake of brevity), inviting offers to develop the property of the Housing Board at Adityapur, Jamshedpur in a joint venture with the private developers. Expres

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