ASHOK KUMAR Vs. ZILA PANCHAYAT PARISHAD

JUDGEMENT

(1.) This writ petition has been filed for permitting the petitioner to deposit the amount of Rs. 6 lakhs, being the highest bidder in the auction held on 9.2.2004, and to grant licence in his favour for taking the carcass of dead animals away, its skinning, storage of hides and bones from three Blocks, namely, Khair, Tappal and Chandaus, District Aligarh and restraining the respondent Nos. 1 to 3 to grant licence in favour of other bidders, i.e., respondent Nos. 4 to 6, for a consideration of Rs. 1,60,000 for the said three Blocks.

(2.) The facts and circumstances giving rise to this case are that respondent Zila Parishad published an advertisement dated 16.1.2004, inviting the contractors for auction bidding for collecting the bones and carcasses for the aforesaid areas. Petitioner submits that he made a bid of Rs. 6 lakhs on 9.2.2004 on behalf of his society, when the auction was held, but he was not given the licence, nor he was permitted to deposit the money, though the respondent Nos. 4 to 6 are being permitted to have the licence for a sum of Rs. 1,60,000 only.

(3.) Shri Suneel Rai, learned counsel appearing for the Zila Parishad, Shri J.J. Munir, learned counsel appearing for respondent Nos. 4 to 6 and learned standing counsel appearing for respondent No. 3 have denied the factum of having the auction for the whole area. According to them, auction had been held only for the area, wherein no Society, registered with the U.P. Khadi Gramodyog Board, existed. Auction cannot be held where such a society exists. If in a particular area more than one Society exist, they can be the rival bidders, but in case there is only one Society in the area, licence is to be granted in respect of the same without holding the auction.