TMI Blog2020 (2) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is not precluded from entertaining a petition under Article 226 of the Constitution. However, such a plenary power has to be exercised by the High Court in exceptional circumstances. The High Court would be justified in exercising such a power to the exclusion of other available remedies only when it finds that the action of the State or its instrumentality is arbitrary and unreasonable and, as such, violative of Article 14 of the Constitution of India. Refund of excess amount paid - HELD THAT:- The action of the respondents, in denying the refund of the amount of the appellant, when the respondents themselves had failed to give possession of the sand block and as a result of which the appellant could not excavate the sand, would smack of arbitrariness. In this premise, we find that the High Court was not justified in relegating the appellant to file a suit - in spite of the appellant being the highest bidder and in spite of him depositing the entire amount of auction, since the possession of the sand block was not given to him for reasons not attributable to him and he could not excavate the sand, he will be entitled to get refund of the amount deposited by him. The im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant made a representation to the Revenue Minister, Government of Maharashtra for refund of the auction amount. As the appellant s representation was sent to the Collector, Satara to make enquiry, the Collector, Satara (respondent No.2 herein), in turn, by letter dated 11.6.2012 sought a report from the Tehsildar, Karad. On 15.6.2012, statement of the appellant came to be recorded by the Circle Officer, Kale (respondent No.5 herein). He also prepared a Panchnama of the sand block in question which exhibited that possession of sand block was never given to the appellant and that there was no excavation of sand from the said sand block. The Tehsildar, Karad respondent No.4, submitted a detailed report dated 9.8.2012 to the Collector, Satara pointing out the factual position. The SubDivisional Officer, Karad respondent No.3, in turn, submitted a report on 4.9.2012 reiterating the factual position. It appears, that in the transit the file was lost and as such, though the appellant was not granted possession of the sand block and though yet he had not excavated any sand, the refund of the amount could not be made to him. It appears that there were further correspondences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objection as to the maintainability of a writ petition under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provisions of the Constitution. The High Court having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. The Court has imposed upon itself certain restrictions in the exercise of this power. (See Whirlpool Corpn. v. Registrar of Trade Marks [(1998) 8 SCC 1] .) And this plenary right of the High Court to issue a prerogative writ will not normally be exercised by the Court to the exclusion of other available remedies unless such action of the State or its instrumental7 ity is arbitrary and unreasonable so as to violate the constitutional mandate of Article 14 or for other valid and legitimate reasons, for which the Court thinks it necessary to exercise the said jurisdiction. 6. It could thus be seen, that even if there are disputed questions of fact which fall for consideration but if they do not require elaborate evidence to be adduced, the High Court is not p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... result of which the appellant could not excavate the sand, would smack of arbitrariness. In this premise, we find that the High Court was not justified in relegating the appellant to file a suit. 9. This Court, has time and again held, that the State should act as a model litigant. In this respect, we can gainfully refer to the following observations made by this Court in Urban Improvement Trust, Bikaner vs. Mohan Lal (2010) 1 SCC 512: 6. This Court has repeatedly expressed the view that Governments and statutory authorities should be model or ideal litigants and should not put forth false, frivolous, vexatious, technical (but unjust) contentions to obstruct the path of justice. We may refer to some of the decisions in this behalf. 7. In Dilbagh Rai Jarry v. Union of India [(1974) 3 SCC 554 : 1974 SCC (L S) 89] this Court extracted with approval the following statement [from an earlier decision of the Kerala High Court (P.P. Abubacker case [Ed.: P.P. Abubacker v. Union of India, AIR 1972 Ker 103 : ILR (1971) 2 Ker 490 : 1971 Ker LJ 723] , AIR pp. 10708, para 5)]: (SCC p. 562, para 25) 25. 5. The State, under our Constitution, undertakes economic activities in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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