S. K. Dhaon, J. - (1.) It is an admitted position that the petitioner has committed a breach of the agreement dated 26th March, 1987 in so far as it has failed to pay the fifth instalment within the time specified. The petitioner has approached this Court with the prayer that the respondents may be directed not to interfere with the rights of the petitioner to fish in Gujartal Tank (District, Jaunpur) under the said agreement. The further prayer is that Clause (8) of the agreement may be severed from the rest of the provisions of the agreement as the same is unconstitutional and also hit by Section 23 of the Contract Act.
(2.) We are not prepared to accept the contention of the learned counsel. The agreement came into force on the basis of an open auction wherein the petitioner participated after due notice. The petitioner was not compelled to enter into an agreement by pressure There were other competitors who had their bid been accepted they too would have been required to enter into agreement accepting the terms of paragraph 8 of the agreement.
(3.) Learned Standing Counsel has been heard in opposition of this petition. In view of the order, we propose to pass, we do not consider it necessary to grant time to the standing counsel for filing a counter affidavit. With the consent of the learned counsel, we proceed to dispose of this petition finally.;