RAMAVATH HARI Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The 1st respondent published a notification, dated 21-12-2006, proposing to conduct auction of leasehold rights, for purchasing goat skins and other offerings and collections, at a Durgah in Janpahad village of Nalgonda District. The auction was to be conducted on 30-12-2006. The petitioner and several others participated in the auction. The bid of one Shaik Aziz Ahmed S/o.Shaik Ahmed, at Rs. 36,15,000/-, emerged as the highest. The bid of the petitioner for a sum of Rs. 3,10,000/- was next in the order. Through its proceedings dated 7-2-2007, the 1st respondent awarded the lease in favour of the 2nd respondent, for a sum of Rs.36,15,000/-, on the ground that the highest bidder did not object for the same. The petitioner challenges the proceedings dated 7-2-2007.

(2.) The petitioner contends that if for any reason, the lease could not be awarded in favour of the highest bidder, it ought to have been offered to him, and that the award of the lease in favour of the 2nd respondent, who did not participate in the auction, is contrary to law, and cannot be sustained.

(3.) The 1st respondent filed counter affidavit. It is stated that the lease was awarded in favour of the 2nd respondent, with the consent and approval of the highest bidder, and the petitioner cannot be said to have suffered any detriment. An objection is raised to the claim of the petitioner, on the ground that he has withdrawn the EMD of Rs. 3,00,000/-, on the date of auction itself. The track record of the 2nd respondent is said to have been taken into account, and it is ultimately urged that the object of the petitioner is only to stall the award of lease, and that he does not possess necessary resources to comply with the conditions of the lease.