KUSHESHWARASTHANBOATTRAFFIC CO-OPERATIVESOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application have prayed for quashing the order dated 23-1-1993 as contained in Annexure-1 to the writ application passed by the respondent No. 2 in case No. 53 of 1989-90 whereby the Commissioner directed for realisation of full amount of settlement from the petitioner in relation to Sahorba Ghat from 1-4-1987 to 31-3-1990 excepting the period 1-4-87 to 12-6-1987.

(2.) The fact of the matter is as follows : That the Ghht in question was settled with the petitioner on 12-3-1987 for a period of three years i. e. 1-4-87 to 31-3-1990 for a sum of Rs. 66. 955/- per year. The petitioner deposited l/3rd amount of the yearly amount of settlement i.e. 22, 321/-. The agreement was executed on 20th March, 1987 and a Parwana, was issued in favour of the petitioner on 23-3-1987 (sic). However On 31-3-1987 the settlement of the petitioner was cancelled and 8-4-1987 was fixed for settlement of ghats by public auction and in the meantime it was directed that the old settle Rajkishore Mukhiya was to realise the tolls. A bid was held on 8-4-1987 and one Daya Nand Singh offered 85,000/- therein and he was declared the highest bidder.

(3.) The petitioner preferred an appeal before the Commissioner who by an order dated 7-4-1987 while admitting the appeal stayed further action in the matter.