- (1.) Challenge in this appeal is to the order of a Division Bench of the Guwahati High Court dismissing the writ appeal filed by the appellant.
(2.) The factual position is very interesting and needs to be noted in some detail. A Writ Petition was filed by the respondent claiming that the State Government had promised to purchase 500 sets of 'North Eastern Region Local Acts and Rules' from it. But contrary to its promise it had refused to place any order. The prayer in the writ petition was for a direction to the present appellant and its functionaries to maintain and keep the promise made by them to the respondent in respect of printing and supply of 500 sets as noted above. It was stated that the then Law Minister had assured the respondent through its proprietor to purchase the books and had given green signal for publishing and printing of the compilation of local laws at the relevant period and had promised that if they publish those the government of Arunachal Pradesh will purchase at least 500 sets of local Acts and Rules. It was submitted that in view of the direction given by this Court in All India Judges' Association and Ors. v. Union of India & Ors. [AIR 1992 SC 165] and in All India Judges' Association and Ors. v. Union of India & Ors. [AIR 1993 SC 2493] such promise was made. It according to the writ petitioner is a clear case where principles of promissory estoppel and legitimate expectation applied. The stand was resisted by the present appellant contending that there has been manipulation of the notes. The alleged note does not indicate that there was any promise or order for printing/publishing the book. It was merely a departmental note sent to the Planning/Finance/Law Department from the Chief Minister for examination. Further the Minister had specifically stated (in the note) that 400 copies of one book containing all the North Eastern Regional Local Acts and Rules of Rs.400/- each (total value of Rs.1,60,000/-) could be purchased as the publisher on his own told that he has published such Acts and Rules. This according to the present appellant established that the then Law Minister had never ordered to undertake publication and supply thereafter of 500 sets of such books. The mind of the then law Minister was clear as to the procedure to be adopted. It was further pointed out that on the body of the respondent's letter dated 27th April, 1997 the words/Figures '500 volumes' (in the third line of the Minister's note) appears to be interpolated by the words '500 sets' by obliterating the word 'volume' by using a white erasing ink and writing over their 'sets' by hand. It was pointed out that the cost involvement would be about a crore of rupees as the price of the books as claimed was nearly 40 lakhs and with escalation of price it was likely to reach Rupees one crore. It was further submitted that the Writ Petition deserves to be dismissed. The High Court observed that though there appear to be over writing, but the normal practice is that books are purchased in sets and therefore, even if there was any interpolation the same was intentionally done to correct the error. The Writ Petition was, therefore, allowed purportedly holding that the principles of promissory estoppel applied. As noted above, the writ appeal was filed by the appellant which was dismissed by the impugned judgment.
(3.) Learned counsel for the appellant submitted that the learned Single Judge and the Division Bench clearly overlooked the position in law that when a claim is founded on disputed document, the writ petition is not to be entertained. Additionally there was no question of any promissory estoppel involved. The document relied upon by the respondent was a departmental note. The same need approval of the various departments. The books were not useful for the judicial officers and, therefore, there was no need for placing any order.;