GUNDA VENKATA RAMANA Vs. DISTRICT LEVEL COMMITTEE

JUDGEMENT

(1.) In all these Writ Petitions the petitioners are highest bidders in the auction conducted to lease out the right to quarry sand in watercourses falling within the jurisdiction of respective Gram Panchayats in Srikakulam District. All the petitioners are aggrieved by a Notification dt. 30-5-2000 issued by the District Level Committee proposing to re-auction the right to quarry sand on 16-6-2000 in certain villages. In view of the fact that the Notification impugned is the same, the Writ Petitions are being disposed of by this common order at the stage of admission with the consent of the learned counsel for the respective parties.

(2.) The averments in the affidavit accompanying the Writ Petition No. 9767 of 2000 may briefly be noticed.

(3.) The first respondent, through its Member Convenor (third respondent herein), issued Sand Auction Notification dt. 24-4-2000 in accordance with A.P. Panchayat Raj (Auction of Sand in Water Courses Vesting in Gram Panchayats)' Rules, 2000 (hereafter called the 'Sand Rules'). As per the Notification the upset price for Karajada Village in Srikakulam District was fixed at Rupees 1,92,000/-. The auction was held on 10-5-2000. There were eight bidders for the sand reach in Karajada Gram Panchayat. The petitioner submitted a bid for Rs. 2,45,000.00 and his bid was the highest one. The petitioner deposited an amount of Rs. 61,250.00 being 25% of the quoted bid on 12-5-2000. After waiting to receive confirmation orders from appropriate authority, the petitioner approached the Joint Collector. The petitioner raised 75% of the balance of the bid amount. In the meanwhile, the impugned Notification was issued. The petitioner received proceedings in Ref. No. 453/2000 P4 dt. 31-5-2000. By the said proceedings issued by the second respondent, the petitioner was informed that before issuing orders, the confirming authority opined that the highest bid fetches in the auction held on 10-5-2000 is not reasonable price for the sand reach of Karajada Village and therefore it is decided to conduct re-auction for the sand reach. In all other Writ Petitions the facts are same except that the highest bid amount differs from Panchayat to Panchayat.