LAWS(PAT)-2003-3-69

RANVIR KUMAR SINGH Vs. STATE OF BIHAR

Decided On March 27, 2003
Ranvir Kumar Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE dispute in this case relates to appointment of collecting agents for four market areas under the Agriculture Produce Market Committee, Khagaria. The petitioner prays for a direction to the authorities for making the settlement of the market areas in his favour on the basis of the bid held on 31.1.2003 and he seeks to challenge the action of the respondent authorities in proceeding to hold fresh bids for the settlement of the Hats.

(2.) THE facts are brief and simple. The settlement was to be made for a period of one year from 1.4.2003 to 31.3.2004. An advertisement was issued for holding the bid on 31.1.2003. The minimum bid amount was fixed at Rs. 12 lacs on the basis of the average of the previous three years collection and the security deposit being 10% of the bid amount was Rs. 1,20,000/ -. The bid, as scheduled, was held on 31.1.2003 in which four persons participated. The first bid was made for Rs. 12 lacs and then the petitioner made the second bid of Rs. 12,10,000/ -. Suddenly a third bid was made for Rs. 61 lacs and, thus further bids were effectively pre -empted. It soon became obvious that the third bid of Rs. 61 lacs was quite fraudulant and deceitful when the bidder simply walked away without depositing half of the bid amount as required in the advertisement notice. The petitioner being the second bidder was, thus, left as the highest bidder. From the manner in which the bid proceeded leaves no room for doubt that it was deceitful and pre -arranged and the respondent authorities have rightly decided not to make any settlement on the basis of that bid.