DAL CHAND Vs. RAM DAYAL

JUDGEMENT

(1.) Special leave granted.

(2.) Patta was issued by grant of fishing rights to the Appellant pursuant to the claims of the Appellant as well as the Respondents being considered by the Collector. We are informed that the basis of accepting the claim of the Appellant for issuance of the patta was that the need of the Appellant was greater.

(3.) Thereafter, the Respondents filed the Writ Petition and the grant of the patta was quashed on the ground that there was no public notice before the grant of the patta. Without expressing any opinion on the action of the Collector in granting patta to the Appellant, we are of the view that as far as the Respondents are concerned having participated in the negotiations they clearly give their consent to the grant of patta not by way of auction but by adopting the said procedure. The procedure of negotiations and the consideration of rival claims having been accepted the Respondents could not, on the facts of this case, challenge the grant of the patta to the Appellant when the Respondents were unsuccessful. On this ground alone, the appeal is allowed and the order of the High Court is set aside.