BIRANCHI PRADHAN Vs. E O DEBOTTAR

JUDGEMENT

(1.) THE Petitioners representing the villagers of Paikrapur under Gurudijhatia P.S. of Cuttack District have filed this writ petition challenging the decision of the Administrative Authorities of Athagarh Endowment, O.P.1, in rejecting their offer made in respect of the sairat -source of cycle stand of Sri Dhabaleswar Deva for the financial year 2010 -11 pursuant to the notification dated 18.3.2010 made in Annexure -1 and settling the said sairat in favour of O.P.3 by accepting his offer and executing the agreement with him on the basis of a private negotiation in course of public auction. Mr. Das, learned Counsel for the Petitioners, draws our attention to the notification dated 18.3.2010 issued by the Sub -Collector -cum -Executive Officer, Athagarh Endowment under Annexure -1.

(2.) AS it appears, the price offered by O.P.3 for the sairat in question, i.e., Rs. 9,50,000/ -is lesser than the offset price fixed by the Authority in Annexure -1, which is Rs. 10,36,200/ -. In the notification, it was indicated that the sairat in question would be put to public auction for the financial year 2010 -11 on 25.3.2010 at 11 a.m. in the Office of Sub -Collector -cum -Executive Officer, Athagarh Endowment and the intending bidders were required to deposit their Earnest Money to enable them to participate in the bid. If for any reason, the sairat could not be settled on that date, it would be put to auction on the next date, i.e., 26.3.2010 and in case, it fails on that date, again for the third time, it would be done on 27.3.2010.

(3.) IT is an admitted fact that on those three occasions, nobody participated in the bid and ultimately, O.P.3 approached the authority and the sairat was settled in his favour at Rs. 9,50,000/ -and he deposited Rs. 5,00,000/ -with the Sub -Collector, Athagarh and agreement was entered into on 3.4.2010. The balance amount was directed to be deposited in various instalments. But it is stated by the Petitioners that the balance amount has not been deposited till date.