SHAMBHU SHARAN JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel for the petitioner is permitted to correct the description of respondent no. 5.

(2.) HEARD learned counsel for the parties. This writ petition has been preferred with the prayer to set aside the auction bid which took place on 2.2.2002 for appointment of Collection Agent for the Pagra Vijayipur Mushahari Bazar for the period 2002 -2003 by auction conducted by respondent no. 3 (the SDO -cum -SpeciaL Officer, Agriculture Produce Market Committee, Gopalganj). Pursuant to the advertisement dated 16.1.2002 (Annexure 1), respondent no. 5 (Dipchand Gupta @ Bridhi Chandra Gupta) and two others participated in the bid and the offer of respondent no. 5 for Rs. 31,600/ - has been accepted, being the highest, for collection of market fee with respect to the aforesaid market. It is relevant to state that Rs. 31,600/ - was the floor price, commonly known as reserve jama. The other two participants made offer for lesser amounts and, therefore, were disqualified from consideration. According to the terms and conditions of the advertisement, the participants were required to deposit 10% of the reserve jama as well as the character certificate issued by the Anchal Padadhikari, or Prakhand Padadhikari or Thana Prabhari, in the office of the Market Committee before the bid took place.

(3.) LEARNED counsel for respondent nos. 3 and 4 opposed the writ petition stating therein that the petitioner really did not participate in the bid. He submits that after ait there is a sanctity of a bid, and an offer made after the bid is over cannot motivate government bodies in the manner as suggested by the petitioner. Respondent no. 5 has supported the stand taken by respondent nos. 3. and 4. He further submits that the petitioner did not fulfil the terms and conditions of the advertisement, namely, he did not deposit 10% of the floor price nor did he submit the requisite certificate. In his submission, the writ petitioner is not entitled to any relief in the prerogative writ jurisdiction. He further submits that he is unable to take the settlement for Rs. 1,25,000/ -, the amount offered by the petitioner.