GORAKH NAND YADAV Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) In both the aforesaid writ petitions counter and rejoinder affidavits have been exchanged and learned counsel for parties are agreed that the writ petitions may be disposed of finally at the stage of admission. In both the writ petitions common questions of law and facts are involved and both can be conveniently disposed of by a common judgment.

(2.) Facts common in both the petitions are that Collector, Gorakhpur by an advertisement dt. 17-8-1991, published in Hindi daily newspaper 'Aaj' dt. 22-8-1991, declared that on 21-9-1991 the entire river bed consisting of sand shall be leased out by auction-cum-tender and the desirous persons may participate. It was further stated that the conditions of the auction and other details may be obtained from the Officer-in-charge Mines. In response to the aforesaid notice an auction was held on 21-9-1991 under the supervision of Additional District Magistrate (Finance and Revenue), Gorakhpur. The areas which were subject matter of the proceedings were as under : Lot No. 3 in Tahsil Gola Bazar consisting of the areas of villages Bisra, Bara Nagar and Bhadaura. Lot No. 4 in Tahsil Gola Bazar consisting of villages Madariya alias Gola, Rama Mau, Bewari, Ahat Mali and Sheoput. Village Sodhabir, Tahsil Gola, district Gorakhpur.

(3.) Petitioner Gorakhnand Yadav of writ petition No. 27039 of 1991 participated in the auction held in respect of aforesaid lot No. 3. His bid of Rs. 1,90,000.00 was the highest.