GAJANAND SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) W .P.(C) Nos. 1602, 1585, 1657, 1658, 1659, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1670, 1671, 1672, 1673, 1690, 1691, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1831, 1839, 1842, 1843, 1844, 1845, 1846, 1862 and 1863 of 2012, involve common facts as well as one and the same question of law, require to be decided by common order.

(2.) THE cause of action, in all these petitions, arose from the order dated 30.08.2012, whereby auction of 56 shops of Krishi Upaj Mandi Samiti, Durg (for short 'the Samiti'), was cancelled.

(3.) THE Samiti issued a notice inviting offer (for short 'the NIO') for leasing out 56 sundry shops in Navin Mandi Premises, Dhamdha Road, Durg on 07.01.2011 (Page 27). It was provided that the bid may be submitted by registered post on or before 29.01.2011 (Saturday) during office hours. There should be a separate bid for each sundry shop. The requisite fee will be deposited by 28.01.2011. The relevant conditions, inter alia, in the NIO was that the bid will be opened on 31.01.2011 at 11 O'clock in respect of Sundry Shops No.1 to 28 and on 01.02.2011 at the same time, in respect of Sundry Shops No. 29 to 56. The successful bidders will be required to deposit a sum of Rs.03 lacs as security amount within a period of 15 days from the date of information. The successful bidders were required to deposit the difference of caution money (Dharohar Rashi) and the security amount (total Rs. 05 lacs) and the bid amount after removal of the boundaries, and the agreement was to be executed within a period of 30 days. The petitioners were the successful bidders. According to the petitioners, the security amount of Rs.03 lacs was deposited within a period of 15 days from the date of information to them. The remaining amount could not be deposited and the agreement was also not executed.