MINING ENGINEER MINES AND GEOLOGY DEPTT Vs. SADDAM HUSSAIN

JUDGEMENT

(1.) This revision petition under Sec.17 (1) (b) of the Consumer Protection Act ("the Act" herein) is directed against the interim orders dated 25.2.1991, 6.3.1991 and 6.4.1991 passed by Sarojini Kumari describing herself as President of the District Forum, Jodhpur and Shri Shantimal Jain, Member of the District Forurn. On 25.2.1991 the following order was passed:-

(2.) The above portion of the order was to restrain Opp. Party No.1 not to open tenders which were to be opened on 25.2.1991 at 3 p. m. on 6.3.1991 proceedings were recorded stating that the tenders called in question are not free from defects. On 6.4.91 an order was passed that Opp. Parties Nos.1 and 2 shall comply with the order dated 25.2.1991 and 5.3.1991 until further orders. The revision petition was registered subject to all just exceptions. Thereafter notice was issued to the complainant-non-petitioner and the operation of the order dated 25.2.1991,6.3.1991 and 6.4.1991 werestayed. An interim order was also passed that no proceedings for the enforcement of the aforesaid order shall be taken against the petitioners until further orders from the State Commission. The notice could not be served on the complainant-non-petitioner though it was given 'dasti' to the learned Counsel for the Opp. Parties-petitioners.

(3.) An application was submitted by Shri Murlidhar Harsh, Sr. Surveyor, Mining Department, Jodhpur stating that on extensive enquiries by him and Mohammed Sakir Gauri, L. D. C. it was revealed that no one by name Saddam Hussain resides in Mohalla Vyoparion, Jodhpur, and residents of that Mohalla certified that none byname Saddam Hussain has/had ever resided in that Mohalla. Photostat copy of the report-has been submitted. The petitioners sent notices by post to Shri Akshay Parakh, learned Counsel for the complainant-non-petitioner. Photostat copy of the acknowledgement has also been submitted. It is clear from the report as well as the application and the documents submitted with it that there is no one by name Saddam Hussain residing in Vyoparion-Ka-Mohalla, Jodhpur and no such person ever resided in that Mohalla.