ANANDAN Vs. DY DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) The auction purchasers are the petitioners in the above Original Petitions. The contesting respondents in these Writ Petitions are the Grama Panchayats of different areas.

(2.) The right to collect river sand from the ear marked portion of the rivers in the Panchayats in question is the subject matter of these Writ Petitions. For giving the said right, the Panchayats used to sell the right to collect river sand from the portions of the rivers in the respective Panchayats. Auction was conducted by the Panchayat for giving the right. In all these cases, the auction notice published by the Panchayats were produced and marked as Exhibits. As per the notification, the auction was conducted at the office of the different Panchayats on the dates mentioned. The petitioners offered the highest amount for purchasing the right. The auction was confirmed by the Panchayat Committee at its meeting. Thereupon the Secretary of the Grama Panchayat concerned informed the respective petitioners to execute the necessary agreement in a stamp paper worth of 5% of the total bid amount. The petitioners gave a reply that they may be permitted to execute the necessary agreement in a stamp paper worth of Rs. 50/-. In support of their contention, the petitioners placed reliance on an order passed by this Court in C.M.P. No. 21137/1998 in O. P. No. 12137/1998 allowing the petitioners therein to execute the agreement in a stamp paper worth Rs. 50/- instead off 5% of the bid amount. The Panchayat did not give any reply with regard to the execution of the agreement and, therefore, the petitioners could not remove the sand.

(3.) It is the contention of the petitioners that as per the terms of the auction, they are liable to execute an agreement in favour of the Panchayat and that the conditions contained in the agreement are mostly the condition for collection of river sand without affecting ecology and environment, payment of the auction amount in three instalments etc. and that the main purpose of executing an agreement is to give an undertaking before the Panchayat that the sand will be removed without committing any default; that the amount shall be remitted in time; that in case of any default, for cancellation of the licence, etc.