MUNINDRA NATH UPADHYAYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - We have heard learned counsel for both sides. Special leave granted.

(2.) Prithvi Raj Singh, third respondent in this appeal, claiming to be the highest bidder at an auction held on 31st July, 1990 respecting the disposal of the right to collect toll on the bridge 'Sanjay Setu' over Betwa River at Hamirpur, U.P., sought a mandamus to the authorities to accept his bid and to award the privilege of collecting toll in his favour. The High Court has referred to the manner in which the authorities dealt with the third respondent which, according to the High Court was not proper. The High Court also came to the conclusion that preferment of appellant in place of respondent No. 3 was also not justified. In regard to these matters there is hardly anything that can be said in support of the present appeal.

(3.) However, Sri R. N. Narasimhamurthy, learned senior counsel for the appellant sought to point out that the form of the mandamus ignores the fact that a person has offered the highest bid is not conclusive as to his entitlement to be awarded the privilege and that other conditions, such as the requirement of "status certificate", solvency etc., also require to be satisfied. The mandamus in the form issued, counsel says, would debar the authorities from their enquiries and compel them to award the privilege without the satisfaction of these necessary conditions. Learned counsel also urged that Government was hot bound to accept any bid at all and could decline, for good reason, to accept even the highest bid.