PRAYER

In the light of the issues raised, arguments advanced and authorities cited, the counsels for the
Respondent humbly and forever pray before this Hon’ble Court to kindly:
Dismiss the petition and order with costs.
AND/ OR
Pass any other order that it deems fit in the interest of justice, equity and good conscience..
And for this the Respondent as in duty bound shall forever humbly pray

Issue 4:-

It is humbly submitted that the said lease agreement between the parties is
created by virtue of Art298 of the Indian Constitution and which is called as the
Government contract. Bothe union and state governments are empowered to
enter into contracts in order to carry out trade and business so that the Nation
can flourish in wide sectors. A contract entered into by or with the Central or
State Government has to full fill certain formalities as prescribed by Article 299
of the Indian Constitution.

Principles underlying the government contracts

1) Reasonablenss and fairness:-

The principle of reasonableness and rationality which is legally as well as

philosophically an essential element of equality or non-arbitrariness is projected
by Article 14 and it must characterize every State Action , whether it be under
the authority of law or in exercise of executive power without making of law.
The state cannot , therefore , act arbitrarily in entering into relationship,
contractual or otherwise with a third party, but its action must conform to some
standard or norm which is rational an non- discriminatory. The action of the
Executive Government should be informed with reason and should be free from
arbitrariness.[19]
It is indeed unthinkable that in a democracy governed by the rule of law the
executive Government or any of its officers should possess arbitrary power over
the interests of the individual. Every action of the executive Government must
be informed with reason and should be free from arbitrariness. That is the very
essence of the rule of law and its bare minimal requirement. And to the
application of this principle it makes no difference whether the exercise of the
power involves affection of some right or denial of some privilege[20].
2)Actions of the state and its instrumentality ar bund to be fair and
reasonable.
The actions are liable to be tested on the touchstone of Article 14 of the
Constitution of India. The State and its instrumentality cannot be allowed to
function in an arbitrary manner even in the matter of entering into contracts.
The decision of the State either in entering into the contract or refusing to enter
into the contract must be fair and reasonable. It cannot be allowed to pick and
choose the persons and entrust the contract according to its whims and fancies.
Like all its actions, the action even in the contractual field is bound to be fair. It
is settled law that the rights and obligations arising out of the contract after
entering into the same is regulated by terms and conditions of the contract
itself.[21]

The requirement of 'fairness' implies that even administrative authority must act
in good faith; and without bias; apply its mind to all relevant considerations and
must not be swayed by irrelevant considerations; must not act arbitrarily or
capriciously and must not come to a conclusion which is perverse or is such that
no reasonable body of persons properly informed could arrive at. The principle
of reasonableness would be applicable even in the matter of exercise of
executive power without making law. It is settled principle of law that the court
would strike down an administrative action which violates any foregoing
conditions.[22]
The duty to act fairly is sought to be imported into the contract to modify and
alter its terms and to create an obligation upon the State which is not there in the
contract. The Doctrine of fairness or the duty to act fairly and reasonably is a
doctrine developed in the administrative law field to ensure the Rule of Law and
to prevent failure of justice where the action is administrative in nature. Just as
principles of natural justice ensure fair decision where the function is quasi-
judicial, the doctrine of fairness is evolved to amend, alter or vary the express
terms of the contract between the parties. This is so, even if the contract is
governed by statutory provisions.[23]

In a democratic society governed by the rule of law, it is the duty of the State to
do what is fair and just to the citizen and the State should not seek to defeat the
legitimate claim of the citizen by adopting a legalistic attitude but should do
what fairness and justice demand.[24]
It is hereby humbly submitted that the acts of the State Government of Andhra
Pradesh in the present are in such a way defeating the principles behind the
Government act because AP government has acted arbitrarily by passing
suspension order on the petitioner without there being any chance to represent
his version even. It is against the Principles of Natural Justice, Audi Alterim
Partem. Even it is against the statutory provision where it is given that an action
can be taken only after lapse of 60days period after issuing show cause notice.

It is hereby submitted that prima facie there is no authority to the State

Government to pass suspension order. Still the respondent has arbitrarily did so
causing monetary and reputational damage to the petitioner.

It is further submitted that, the principles of judicial review would apply to the
exercise of the contractual powers by the Government bodies in order to prevent
arbitrariness or favoritism. However, there are inherent limitations in the
exercise of that power of judicial review.[38] The judicial power of review is
exercised to rein any unbridled executive functioning. The restraint has two
contemporary significances. One is the ambit of judicial intervention; the other
covers the scope of the Court's ability to quash an administrative decision on its
merits. These restraints bear the hallmark of judicial control over administrative
action. Judicial review is concerned with not reviewing the merits of the
decision in support of which the application for judicial review is made, but the
decision making process itself.[39]

Hence, it is humbly submitted that to protect the petitioner from being violated
of his Fundamental right Art14 , right to equal and fair treatment and to crub the
arbitrary action of the State Government which it has exercised violation
statutory provisions and also the principles of Natural Justice , the suspension
order against the petitioner should be revoked by the Hon’ble High court.
[15] AIR 1967 SC 203: (1966)3 SCR 919 see also Chandra Bhan Singh v State of Bihar, AIR 1967 Pat 15

[21] Y.Konda Reddy v State of A.P.,AIR 1997 AP 121

36] Eurasian Equipment & Chemicals Ltd v State of West Bengal,[1975]2 SCR 674, AIR 1975 SC 266
[37] Supra, note 21
[38] Supra, note 15, page 50
[39] ibid
[40] Tata Cellular v Union of India, AIR 1996 SC 11
[41] Sterling Computers Ltd v M/s M&N Publications Ltd, AIR 1996 SC 51
[42] ibid
 PRAYER

In the light of the issues raised, arguments advanced and authorities cited, the counsels for the
petitioner humbly and forever pray before this Hon’ble Court to kindly adjudge that:-
To order the State Government of Andhra Pradesh to revoke its suspension order vide letter
dated : 17.08.2016, which it has imposed upon the petitioner suspending it to carry out the
mining operations.
AND/ OR

Pass any other order that it deems fit in the interest of justice, equity and good conscience.
And for this the petitioner as in duty bound shall forever humbly pray.

Books referred

1. D.D.Basu, Commentary on Constitution of India, ( 8th ed., Wadhwa and Company, 2011).
2. V.N.Shukla’s Constitution of India, Author: Mahendraa Pal singh, 12th edition, eastern Book
Company, ISBN: 93-5028-957-1
3. Administrative law, Kailash Rai, Allahabad law Agency, 1995
4. Administrative law,I.P.Massey, 8th edition, Eastern Book Company, ISBN : 93-5028-246-1
5. Interpretation of Satutes, Author: AVTAR SINGH & HARPREET KAUR ,ISBN: 9789351431640,Year: 2014,

Editon: 4th Edition, Lexis Nexis