SANIA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed for quashing the settlement of Fishery Sairat, namely, Purunagada Bandha located under Badngada Grama Panchayat, in favour of opposite party No. 7 and foi further direction to settle the Sairat in favour of the petitioner.

(2.) CASE of the petitioner is that for the year 2000 -2001 a notice was given by the Grama Panchayat authorities for settlement of Purunagada Bandha and bids were invited. The petitioner along with others participated in the said bid and the amount offered by the petitioner was the second highest. The petitioner offered Rs. 25,000/ -, whereas one Surya Narayan Panigrahi offered Rs. 25,050/ - Since the highest bidder Surya Narayan Panigrahi expressed his inability to deposit the entire amount at a time and his prayer for instalment was refused, a second auction was conducted. In the second auction the Sairat has been settled in favour of opposite party No. 7 for consecutively three years starting from 2000 -2001 till 2002 -2003 for an amount, of Rs. 25,050/ -, whereas the petitioner had offered Rs. 25,000/ - for one year, i.e. 2000 -2001 and being the second highest bidder, the Sairat should have been settled in his favour without going in for a second auction. The further grievance of the petitioner is that the notice period as prescribed under law was not allowed at the time of second auction and opposite party No. 7 managed to get the Sairat settled in his favour and has also been allowed to pay the amount in instalments.

(3.) A counter affidavit has been filed by opposite party No. 7 wherein it is stated that in the second auction the petitioner never participated and opposite party No. 7 being the highest bidder was settled with the Sairat on 8.11.2000. Opposite party No. 7 has further stated the huge amount of money has been spent by him for development of the Sairat and if at this stage the Court interferes with the settlement of the Sairat, he shall be put to great financial loss.