w w w . L a w y e r S e r v i c e s . i n



M/s. Steel Authority Of India Ltd. v/s Kamladityya Construction Pvt Ltd.


Company & Directors' Information:- STEEL AUTHORITY OF INDIA LIMITED [Active] CIN = L27109DL1973GOI006454

Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- KAMLADITYYA CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203JH2010PTC013945

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- STEEL CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U27104KA1939PTC000250

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- J W CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC198916

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- R M J CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040949

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- H AND K CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70200HP2014PTC000633

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- B & U CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203GJ2013PTC075424

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

    Letters Patent Appeal No. 121 of 2016 & Interlocutory Application No. 4505 of 2016

    Decided On, 13 January 2020

    At, High Court of Jharkhand

    By, THE HONOURABLE MR. JUSTICE H.C. MISHRA & THE HONOURABLE MR. JUSTICE DEEPAK ROSHAN

    For the Appearing Parties: G.M. Mishra, Anil Kr Sinha, A.K. Sahani, Advocates.



Judgment Text


1. Heard learned counsel for the appellant Steel Authority of India Limited, (hereinafter referred to as "SAIL"), as also learned senior counsel for the contesting respondent company.

2. The appellant SAIL is aggrieved by the impugned Judgement dated 05.02.2016, passed by the Hon'ble Single Judge in W.P.(C) No. 7614 of 2013, whereby the writ application filed by the respondent writ petitioner challenging the order dated 23.10.2013, issued by the appellant SAIL, withdrawing the allotment letter dated 07.02.2009 issued in favour of the petitioner for construction of Hyper Market on the land in question, has been allowed by the Hon'ble Single Judge, setting aside the order dated 23.10.2013, and directing the authorities concerned to consider the case of the writ petitioner and take a final decision in accordance with law.

3. The appellant SAIL had initiated a proposal for allotting a plot of land in Sector-III of the Bokaro Steel City, measuring an area of 87,120 Sq. feet, on a lease of 33 years, for the amount of Rs.1,54,15,531/-, for the purpose such as, construction of Banks, Shops, Cinema Halls, Nursing Homes, Petrol Pumps, Expellers, Wheat Grinding, Etc. The land was allotted in favour of the respondent writ petitioner vide allotment letter dated 07.02.2009, for construction of Hyper Market, and pursuant thereto the writ petitioner also deposited the aforesaid amount. Subsequently, by a letter dated 24.12.2010 the appellant SAIL regretted and showed their inability to execute the formal lease deed in favour of the writ petitioner, which was challenged by the writ petitioner in W.P.(C) No. 851 of 2011. The said writ application was allowed by order dated 31.01.2012, by the Writ Court, finding that the letter dated 24.12.2010 was issued without giving any notice to the writ petitioner and accordingly, the same was quashed giving liberty to take decision in accordance with law.

4. Thereafter a show-cause notice was given by the appellant SAIL to the writ petitioner. His queries were also met, and finally by communication dated 23.10.2013, as contained in Annexure-4 to the memo of appeal, the appellant SAIL informed the writ petitioner that for the reasons stated in the said letter the request for the allotment of plot for construction of Hyper Market was found not permissible and accordingly, the letter of allotment dated 07.02.2009 was again withdrawn by the appellant SAIL. The writ petitioner was also given the liberty to take back the entire money, i.e., Rs.1,54,15,531/- with interest at the rate of 9% per annum, within a period of 15 days, failing which no further interest was to be paid. The reasons that were given for cancellation of the allotment order were enumerated as follows in the order dated 23.10.2013:-

"In the above back drop the position as emerges is summarized below:-

a) You were not found suitable in the tendering process even then your case was processed based on your subsequent unsolicited / direct request for allotment of the plot for the purpose of hyper market.

b) BSL wrongly interpreted the approved terms and conditions by the Board of Directors to cover allotment of plot for hyper market.

c) Valuation report received from SAIL was understood by mistake as clearance for allotment also.

d) Thus the Allotment order issued by SAIL, BSL not only suffers from procedural infirmity but it violated the mandate of the Board.

Thus on re-examination in depth and entirety in light of the mandate of the Board of Directors and clarification by SAIL Corporate office your request for allotment of plot for hyper market is not found permissible."

5. The respondent writ petitioner again challenged the said order in this Court in W.P.(C) No. 7614 of 2013, which was finally adjudicated by the Hon'ble Single Judge, and by Judgement dated 05.02.2016, the Hon'ble Single Judge has allowed the writ application finding that under Clause 3(a)5 of the decision taken in its 340th meeting of the Board of Directors of SAIL, it had been decided to allot the plot with the approval of the Chief Executive of the Plants / Units for other purposes such as Banks, Shops, Cinema Halls, Nursing Homes, Petrol Pumps, Expellers, Wheat Grinding etc.

6. The Hon'ble Single Judge found that though construction of Hyper Market was not there in the aforesaid decision, but the word "etc." made the sentence illustrative and not exhaustive and accordingly, it was absolutely wrong on the part of the authorities to say that the word "etc." would not include Hyper Market, Malls, Multiplexes or Cultural Complexes, as they are only the clusters of the shops which are for the public utility and they cannot be excluded saying that they were not forming part of the same series. The Hon'ble Single Judge held that it was wrong on the part of the authorities to say that the allotment of the land could not be made for the purpose of construction of Hyper Market and accordingly, quashed the order dated 23.10.2013.

7. Learned counsel for the appellant SAIL submits that the impugned order passed by the Hon'ble Single Judge cannot be sustained in the eyes of law, inasmuch as, the respondent was not found suitable in the technical bid and they were not technically sound for construction of the hyper market and accordingly, their matter was not considered. Subsequently on individual approach, their case was wrongly considered for construction of the hyper market and the allotment was also made, but in the meantime the Apex body of the Bokaro Steel City, i.e., SAIL, made the clarification that the word "etc." would not include Hyper Market in the same series of the terms, namely, Banks, Shops, Cinema Halls, Nursing Homes, Petrol Pumps, Expellers, Wheat Grinding etc. It is submitted that only after issuance of this clarification, the allotment order was cancelled. Learned counsel for the SAIL has placed reliance upon the Advanced Law Lexicon by P. Ramanatha Aiyar, wherein the word "etc." has been defined as follows:-

"Etc. or & C is an abbreviation of Et Cetera, and therefore may mean and others, and so forth; and the rest; other things; other things of the same character, or only those things ejusdem generis. Custom, the intention of the parties, the context, and the manner and place in which the abbreviation is used may govern its meaning; but where it can have one certain meaning, it will be given that meaning; although as sometimes used it is concerned as meaningless and without effect, and is often disregarded as surplusage (Cyc.)"

8. Learned counsel further submitted that in any event, even though the SAIL is a State within the meaning of Article 12 of the Constitution of India, but the transaction in question involved the private law rights and for enforcement of a private law right even between the State and an individual, the writ cannot be maintained. In support of his contention learned counsel has placed reliance upon the decision of the Hon'ble Apex Court in K.K. Saksena vs. International Commission on Irrigation and Drainage and Others, (2015) 4 SCC 670, wherein the law has been laid down as follows:-

"43. What follows from a minute and careful reading of the aforesaid judgments of this Court is that if a person or authority is "State" within the meaning of Article 12 of the Constitution, admittedly a writ petition under Article 226 would lie against such a person or body. However, we may add that even in such cases writ would not lie to enforce private law rights. There are a catena of judgments on this aspect and it is not necessary to refer to those judgments as that is the basic principle of judicial review of an action under the administrative law. The reason is obvious. A private law is that part of a legal system which is a part of common law that involves relationships between individuals, such as law of contract or torts. Therefore, even if writ petition would be maintainable against an authority, which is "State" under Article 12 of the Constitution, before issuing any writ, particularly writ of mandamus, the Court has to satisfy that action of such an authority, which is challenged, is in the domain of public law as distinguished from private law."

(Emphasis supplied).

9. Learned counsel for the appellant has also submitted that the Hon'ble Single Judge has also not taken into consideration the fact that the writ petitioner was not technically sound and once it is the case of the SAIL that the appellant was not found fit in the technical bid, and even being found unfit he was given the allotment letter wrongly on the individual basis, the writ could not have been issued in favour of the writ petitioner. Learned counsel accordingly, submitted that the impugned Judgement passed by the Writ Court cannot be sustained.

10. Per contra, learned senior counsel appearing for the respondent writ petitioner company, has opposed the prayer, and has submitted that there is no illegality in the impugned order passed by the Writ Court, inasmuch as, having found everything in favour of the petitioner, the allotment was made in favour of the petitioner. The amount of money was accepted from the petitioner and only thereafter the allotment was cancelled which could not be allowed to be sustained. It has been pointed out by the learned senior counsel that the allotment of the petitioner has been cancelled on the wrong notion that the construction of Hyper Market would not come under the terms "etc.", being in sequence of the construction of Banks, Shops, Cinema Halls, Nursing Homes, Petrol Pumps, Expellers, Wheat Grinding etc., and the fact remains that under the same clause one Amit Realty Pvt. Ltd. had been allotted land for construction of Multiplex / Shopping mall, as noted by the Writ Court in the impugned Judgement, and in that view of the matter the same relief could not be denied to the petitioner, as the same would be violative of the Article 14 of the Constitution of India.

11. Having heard learned counsels for both sides and upon going through the record, we find that after the first writ filed by the writ petitioner was allowed by order dated 31.01.2012 in W.P.(C) No. 851 of 2011, the show-cause notice was given to the petitioner. In the show-cause notice and in the subsequent letter dated 11.08.2012, which had been brought as Annexure-7/1 to the writ application, it was informed to the respondent petitioner as follows :-

"It is stated that the credential with respect to your proposal for Shopping Mall / Multiplex was not shortlisted / selected by the committee with the remarks that "No drawing for the proposed Mall presented, no past experience of dealing such project of Multiplex / shopping Mall, no idea about source of funding for such a big project." Since you had not expressed your interest in the manner, what it would had been your technical capabilities were not assessed. As such, you were not allotted plot against the open process.

12. In reply thereto, by their letter dated 24.08.2012, as contained in Annexure -8/1 to the writ application, though the petitioner had replied that they had the technical competency to undertake the project of Hyper Market, and had also detailed their previous work experience, but while going through the work experience of the petitioner, we find that they had only given the instances of construction the marriage accommodation, residential accommodation and duplex houses. There is nothing even in this letter dated 24.08.2012, written by the petitioner company, to show that they had the experience of construction of malls, shopping complexes or the hyper markets, for which the present allotment was made to the petitioner. In that view of the matter, we find that it cannot be disputed that the writ petitioner was in fact lacking in the technical competency.

13. Even in the impugned order dated 23.10.2013 it was stated that the allotment of plot by SAIL / BSL is done through the tendering process and the writ petitioner had participated, but was not found suitable in the technical bid for allotment under their revised scheme for mall / multiplex, and the first ground for cancelling the allotment was that the writ petitioner was not found suitable in tendering process and their case was processed on their subsequent and unsolicited / direct request for allotment of plot for hyper market. Once the writ petitioner was not found fit in the technical bid, we fail to understand as to how a writ could be issued in their favour for allotment of the land for the purpose. This aspect of the matter has not at all been dealt with by the Hon'ble Single Judge in the impugned Judgement. We have also gone through the writ application filed by the petitioner, and there is no statement in the entire writ application, challenging the finding of the SAIL that the petitioner was not technically sound for the bid. In that view of the matter, we are of the considered view that once the petitioner was not found fit in the technical bid, and still their application was wrongly considered for any reason what so ever, at least no writ could have been issued in favour of the writ petitioner on this limited score alone.

14. We are of the considered view that on this limited aspect, apart from the other grounds urged by learned counsel for the appellant SAIL, the impugned Judgement dated 05.02.2016, passed in W.P.(C) No. 7614 of 2013, cannot be sustained in the eyes of l

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aw. 15. This brings us to the other aspect of the matter. The writ petitioner had admittedly deposited the amount of Rs.1,54,15,531/-, as demanded by the appellant SAIL, and in the order dated 23.10.2013, the writ petitioner was given the opportunity to take back the money within a period of fifteen days with simple interest at the rate of 9% per annum. The petitioner did not choose to do so and they filed the writ application which was allowed. The operation of the impugned Judgement has been stayed by the L.P.A. Court, by order dated 27.10.2016, while admitting this appeal. In that view of the matter, we are of the considered view that the writ petitioner would be entitled to the refund of the entire amount of Rs.1,54,15,531/-, with the interest at the rate of 9% per annum till 27.10.2016, when the operation of the impugned Judgement was stayed by the L.P.A. Court. 16. For the foregoing reasons, the impugned Judgement dated 05.02.2016, passed in W.P.(C) No. 7614 of 2013, is hereby set aside, and the appellant SAIL is directed to refund back the entire money to the respondent writ petitioner with the interest at the rate of 9% per annum, till 27.10.2016, within a period of one month from today. Any further delay in making the refund would saddle the appellant SAIL with the interest for the entire period till the date of refund. 17. This appeal is accordingly, allowed with the directions as above. The pending Interlocutory Application also stands disposed of.
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