BINDESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is in regard to a dispute over the amount refundable to the petitioner because he was able to make collections of ground rent and market fee from the Hat for only about a month even though the settlement was made in his favour for a full year and he had made the deposits accordingly.

(2.) THE facts of the case are simple and without controversy. An auction was held for the settlement of Bishwa Revenue Hat for the year 2000. -2001 in which the petitioner made the highest bid of Rs. 1,72,500/ - in respect of ground rent and Rs. 22,500/ - as market fee. The offer made by the petitioner being the highest it was accepted and as per the terms and conditions of the auction notice the petitioner deposited Rs.86,250/ - being 50% of the amount bid by him as ground rent and the full bid amount of Rs.22,500/ - as market fee. But before an agreement was executed in his favour a dispute was raised by someone offering a higher amount for the settlement of the Hat and alleging that he was unlawfully prevented from taking part in the auction. The claimant was asked to deposit an amount 10% in higher than total amount deposited by the petitioner and on his doing so the competent authority gave a direction for holding a fresh auction for the settlement of the Hat. At that stage, the petitioner came to this court in C.WJ.C. No. 3225 of 2000 challenging the decision to hold a fresh bid and seeking a direction for the settlement of the Hat in his favour on the basis of the previous bid. In that case an interim order was passed on the basis of which the ground rent and market fee from the Hat in question was collected for the period 1.4.2000 to 26.2.2001 by the Market Committee, Sursand through its own staff. The writ petition was finally allowed by order dated 13.2.2001 by which the decision to hold a fresh auction was quashed and the concerned authorities were directed to issue Parwana (for making collections from the Hat) to the petitioner. In pursuance of the courts direction Parwana was issued to the petitioner for collection of ground rent and market fee from the Hat for the period 27.2.2001 to 31.3.2001 (what remained of the period 2000 -2001). During that period the petitioner was able to collect Rs.2,153/ - as ground rent and Rs. 20,525/ - as market fee.

(3.) THE claim of the petitioner was forwarded by the Market Committee to the Agriculture Marketing Board where it was examined in detail and on a consideration of all the material facts and circumstances the petitioner was held entitled to a refund of Rs.60,088/ -. The Market Committee was advised accordingly and the petitioner was intimated by letter dated 5.12.2002 (Annexure -F) to come and collect the refundable amount at his convenience.