SHAMSHAD QURAISHI Vs. ZILA PARISHAD MAU

JUDGEMENT

(1.) A notice dated 6/02/1995, was published by Zila Parishad, Mau, notifying 14/02/1995 as date for holding auction for granting licence for collection of hides and bones of dead animals in Mohammadabad Gohana Block of district Mau. In the auction held on 14/02/1995, the bid of the petitioner for a sum of Rs. 6,500.00 being the highest was provisionally accepted and the petitioner in pursuance thereof deposited the bid money. However, the Chairman of the Zila Parishad did not approve it. Being aggrieved the petitioner has filed this writ petition.

(2.) . Respondents Nos. 1, 2 and 3 have put in appearance through Sri S. P. Singh, Advocate, and have filed their counter-affidavits, petitioner has filed rejoinder-affidavit in reply thereto. The respondents Nos. 4 and 5, who are represented by learned Standing Counsel, have not filed any counter-affidavit. We have heard learned counsel for the parties.

(3.) . In connection with grant of Theka for collection of hides and bones of dead animals the Government has issued orders from time to time, according to which contract has to be given to those registered Co-operative Societies which have been formed by the persons of traditional occupation and if there is no such Society in any Block or area the settlement has to be made by means of public auction, in which only persons of traditional occupation can take part. From perusal of the counter affidavit it is clear that on 6-2-1995, when notice for holding the auction on 14-2-1995 was published and on 14-2-1995, when the auction was held, there was no registered Co-operative Society. The authorities were thus fully justified to settle the right by public auction.