LALAN KUMAR SHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) THIS writ application is directed against the order, as contained in annexure 3 dated 6. 8. 1984, whereby and whereunder prayers of the petitioner for refund of 50% of bid amount and to withdraw the certificate proceeding have been rejected.

(3.) IT is submitted by Mr. Pashupati Prasad Sinha, learned Counsel for the petitioner that though a bid was held on 4. 2. 1983 and the bid of the petitioner was accepted being the highest one, no Parwana was issued putting him in possession, and, therefore, the certificate proceeding initiated against him under the provisions of the Public demands Recovery Act is wholly unwarranted and without jurisdiction. It is further submitted that merely because the petitioner had deposited 50% of the bid amount he would not be deemed to be in possession. Learned Counsel points out from the impugned order that the matter was pending consideration before the Divisional commissioner and the parties have not entered into an agreement nor parwana was issued. Learned Counsel, in this view of the matter, submitted that since the petitioner was not put in possession of the jalkar he never operated for the usufruct.