SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer is for quashing the order dated 14.6.2001 passed by District Magistrate, Saran, Chapra {Respondent no. 2) and the consequential order dated 15.6.2001 issued by the Special Officer, Notified Area Committee. Dighwara, Chapra (Respondent no. 4) contained in Annexures - 8 & 9 respectively. By Annexure -8 Respondent no. 2 has withdrawn letter no. 337 dated 4.4.2001 whereby the settlement for collection of road cess for the entry of the vehicles 20. mentioned therein in Dighwara Urban Area was approved with effect from 1.4.2001.

(2.) IN short, the case of the petitioner is that on 23.3.2001 Dighwara Notified Area Committee (hereinafter referred as ';the Committee ';) published an advertisement/notice for the said settlement for the year 2001 -2002 with specific clause that on good offer the period of settlement may be made for 2001 -2003. Petitioner and three others applied and accordingly they 25. participated in the bid on 31.3.2001 in the office of the Committee. Petitioner was declared highest bidder with an amount of Rs. 1,60,000/ - for the period 2001 -2002 and Rs. 2,40,000/ - for the period 2002. -2003. The total offer for both the year was Rs. four lacs. He deposited Rs. two lacs on 31.3.2001 in the office of the Committee and the Special Officer (Respondent no. 4) after taking approval of Respondent no. 3 made settlement in his favour for the period 2001 -2003. On 4.4.2001 30 Respondent no. 2 vide letter no. 337 (Annexure -4) also approved and an agreement between the petitioner and the Committee (Respondent no. 3) was entered into on 10.4.2001 vide Annexure - 5. Accordingly Parwana has been issued in favour of the petitioner vide Annexure -6 and thereafter he started collecting road cess. However, later by the impugned order Respondent no. 2 withdrew her approval vide letter no. 337 dated 4.4.2001 on the ground that she approved the settlement in haste 35. and further she highlighted some irregularities in the settlement. On the basis of the said order of Respondent no. 2, Respondent no. 4 issued the impugned order contained in Annexure -9 cancelling the settlement on 15.6.2001.