AMAR PAL Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has challenged the auction for collecting hides and bones and for the disposal of dead animals held by Zila Panchayat, Firozabad for the year 2008-09. It appears that auction notice was published on 2nd February, 2008 fixing 19-2-2008 as the date of auction for giving Theka for collecting and removing hides and bones and for the disposal of dead animals during the year 2008-09 by the Zila Panchayat, Firozabad and if for any reason auction could not be held on that day, it was again fixed for 26-2-2006. According to the learned counsel for the petitioner on 19-2-2008, as well as 26-2-2008 auction could not take place. However, in the counter affidavit filed by the respondent Nos. 2 and 3, it has been stated that on 19-2-2008, no auction was held, on 26-2-2008, auction was held in which three person were present and the respondent No. 4 gave the highest bid of Rs. 1,82000/- which has been accepted and recommended for approval. It has further been stated by the learned counsel for the respondents that the petitioner did not participate in the auction held nor he had deposited a sum of Rs. 10,000/- in cash which was a pre-condition for participation in the auction and therefore, he has no right to challenge the auction proceedings Rejoinder affidavit has been filed on behalf of the petitioner in which the allegations made in paragraph 10 of the counter affidavit has been denied. We have heard learned counsel for the parties. We find that from a perusal of Annexure 5 to the counter affidavit which shows bid sheet three persons had participated in the auction held on 26-2-2008. The petitioner's name does not find any mention in the said bid sheet. Moreover, six other persons, out of which three persons are the Engineers, Financial Advisor and Upper Mukhya Adhikari, Zila Panchayat, Firozabad have also signed the bid sheet. There are no allegations of mala fide against the three officers. The submission of the learned counsel for the petitioner is that the respondent No. 4 is very close to respondent No. 5- Adhyaksha, Zila Panchayat, Firozabad cannot be taken to be any good ground for questioning the auction proceedings. In this view, we do not find any good ground to interfere in the auction proceedings. The writ petition is wholly mis-conceived, and is dismissed. .