NAND LAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the communication dated 11.3.1999 (Annexure -10) whereby the Director, Panchayati Raj had written to the Chief Executive Officer of Zila Parishad, Patna declining to pay interest and directing that only a sum of Rs. 36,000/ - deposited by the petitioner be refunded within a week as the State Government had taken the decision not to sell the land which was put on auction.

(2.) SHORT facts giving rise to the present application are that an auction was held on 21.10.1970 for sale of land belonging to the State. Petitioner participated in the auction and offered to purchase the said land for a sum of Rs. 36,000/ -. Petitioner deposited the said amount on 21.10.1970. The stand of the petitioner is that the State Government although approved the auction in 1973 itself but failed to execute the sale deed, hence he preferred CWJC No. 9493 (Nand Lal Prasad vs. State of Bihar & Ors.) before this Court. This Court by order dated 4.5.1998 (Annexure -8) dismissed the writ application observing that the matter has become stale. Petitioner challenged the said order in LPA No. 582 of 1998 (Nand Lal Prasad vs. State of Bihar & Ors.) When the matter was taken up on 22.12.1998 it was observed as follows: - "A joint prayer is made on behalf of all the parties that the State Government be directed either to issue direction for registration of the land in question in favour of the appellant, who was the highest bidder and in whose favour the bid was knocked down after accepting the required amount of bid and hand over the possession to him, or to assess and to pay the price of the land in question to him. After hearing the submission, this Court directs the State Government to do the needful in the matter as suggested by learned counsel appearing for the parties, narrated above, within one month from today. Learned counsel appearing for the State also undertakes to inform the State Government so that expeditious decision may be taken by the Government."

(3.) THEREAFTER the petitioner has preferred this application.