SUSHIL KUMAR KARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition arises from a controversy relating to the settlement of the sandghats of river Batane (up to village Jamhore, including Jevanbigha, Munshibigha and Dhawa Dhanav) falling in the district of Aurangabad. The sand ghats in question, remain unsettled and the petitioner has come to this Court seeking a direction to the District Magistrate, Aurangabad to refund the sum of Rs. 5,63,615/- deposited by him as security money for taking part in the bid.

(2.) An advertisement was issued on 13-12-2000 for settlement of a large number of sand ghats for a period of one year commencing from 1-1-2001. The sand ghats, forming the subject-matter of this writ petition, were at serial No. 7 in the advertisement and the reserve jama for those sand ghats was shown as Rs. 56,36,150/-. The advertisement stipulated that persons desirous of taking part in the bid for the settlement of the ghats should deposit a sum forming 10% of the reserve jama. The bid was to take place on 20-12-2000.

(3.) The petitioner deposited a sum of Rs. 5,63,615/- as security money and so did two other persons. On 20-12-2000 the three would be bidders, including the petitioner, made a request for postponement of the bid. On their request, the bid was fixed on 21-12-2000 and on that date it was again postponed to 22-12-2000. On that date, the three would be bidders finally, intimated the District Magistrate that none of them was willing to offer more than 35 lacs for the settlement of the sand ghats in question.