ASWINI KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in all these three writ petitions is one and the same.By auction notice dated 16-3-2001, the Tahasildar, Jaleswar in Sairat Lease Misc. Case No. 35 of 2001 notified that sairat sand quarry of Sekasarai would be put to auction for the year 2001-2002. In the said auction notice dated 16-3-2001, the details of the said sairat source were indicated as Plot No.2 in Khata No. 142 measuring an area Ac. 86.0 dec. Thereafter, auction of the said sairat source was held on 30-3-2001.

(2.) The case of the petitioner in O.J.C. No. 9432 of 2001 is that the entire area of Ac. 86.90 in Plot No.2, Khata No. 142 was put to auction. The petitioner offered the highest bid of Rs.2,50,000/- and the bid was knocked in his favour. Subsequently, however, the Tahasildar, Jaleswar took a stand that only Ac, 30.00 in plot No. 2/1 of Khata No. 142 has been auctioned in favour of the petitioner. Thereafter, fresh auction notice dated 16-7-2001 was published by the Tahasildar in Sairat Misc. Case No. 18/2001-2002 for auction of Ac. 30.00 dec. out of the land in Khata No. 142 numbered as Plot No. 2/3. Aggrieved, the petitioner filed writ petition (OJC No. 9432 of 2001) with a prayer to quash the said auction notice dated 16-7-2001 in Sairat Misc. Case No. 18 of 2001-2002.

(3.) Mr. P. K. Rath, learned counsel appearing for the petitioner submitted that it would be clear from the auction notice dated 16-3-2001 in Annexure-1 to the writ petition that the Sairat source was indicated as Plot No. 2 in Khata No. 142 measuring an area Ac. 86.90 dec. The auction took place on 30-3-2001, in which the petitioner offered the highest bid of Rs. 2,50,000/- and the auction was knocked in favour of the petitioner for the entire area of Ac. 86.90 dec.in Plot No.2, Khata No. 142. According to Mr. Rath, at a later stage, the authorities cannot back out and say that the auction was confined only an area Ac. 30.00 in Plot No. 2/1, Khata No. 142 In support of his aforesaid contention, he referred to the copies of the R. O. Rs. of the said Khata No.142 annexed to the writ petition as Annexure-6 as well as the certificate furnished by the Tahasildar to show that there is no such plot as Plot No. 2/1 in Khata No. 142.