(1.) These two writ applications have been filed on behalf of the different petitioners for quashing the orders relating to the settlement of a Mela known as "Ain Khan Cattle Fair" for the year 1975 -76 in favour of respondent no. 7 in both the writ applications as being in contravention of the Bihar Land Reforms Rules, 1951 (hereinafter referred to as the 'Rules') framed under the Bihar Land Reforms Act, 1950 (hereinafter referred to as the 'Act'); and for a mandamus on the respondent authorities to settle the said fair with the petitioners of the two writ applications. As common questions of law and fact are involved in the two writ applications, they have been heard together with the consent of the parties and this judgment will govern them both.
(2.) The petitioner is C.W.J.C. no. 1181 of 1975 in the highest bidder at an auction held in connection with the settlement of the said Mela on the 24th February, 1975. Petitioners in C. W. J. C. no. 1231 of 1975 are (1) Ain Khan Bhimni Chak Gram Panchayat, through its Mukhiya, Raghvendra Dhari Singh, and (ii) Mohammad Karim Baksh, Up -Mukhiya, of the aforesaid Gram Panchayat, claiming settlement of the Mela with petitioner no. 1 on preferential basis.
(3.) According to the petitioners, in Bikram Circle, there is a cattle fair known as "Ain Khan Cattle Fair" (hereinafter referred to as the Mela") held twice in a year for one week, starting from the Amawashya in the month of Baisakh and on the eve of Basant Panchami in the month of Magh. For the financial year 1974 -75, the Mela had been settled with respondent no. 7, the ex -intermediary, for Rs. 75,000/ -, the reserve jama being Rs. 72,000/ - The term of the said settlement expired on the 31st March. 1975. Before the expiry of the said term, steps were taken for settlement of the Mela for the financial year 1975 -76. The Commissioner, Patna Division fixed the reserve jama of the Mela in accordance with the Rules at Rs. 75,000/ -. By an order, dated the 25th January, 1975, the Additional Collector fixed the 11th February, 1975 as the date for holding public auction and directed the Block Development Officer, Bikram to take steps for proper publication. A letter, dated the 7th February, 1975 from the District Panchayat Officer, Patna was received by the Additional Collector on the 8th February, 1975 recommending settlement of the Mela with the aforesaid Gram Panchayat. The Additional Collector directed the said letter to be kept on the records. On the 11th February, 1975, the date fixed for the public auction, respondent no. 7 filed on application making a prayer to stay the auction. From the order -sheet dated the 11th February, 1975, it appears that the petitioner in C.W.J.C no. 1181 of 1975 was also present and he requested the Additional Collector that, in view of the recommendation of the District Panchayat Officer, the Mela be settled with the Gram Panchayat. The Additional Collector, thereupon, by his order of that date directed the Mukhiya of the Gram Panchayat to deposit the security money at the rate of 5. p.c. as well as half of the reserve jama of Rs. 75,000/ -. In that very order, the Additional Collector mentioned that the Mukhiya requested for two hours' time to make deposit; but neither the security money nor half of the fixed jama was deposited till 5 10 p.m. in the evening, from which the learned Additional Collector inferred that the Gram Panchayat had no money and as such it was unable to deposit the same. Ultimately, he passed an order saying that another date should be fixed for holding auction which would be announced later. On the 12th February 1974, the Up -Mukhiya of the Gram Panchayat (petitioner no. 2 in C.W.J.C no. 1231/75) filed an application before the Additional Collector making prayer for one week's time to enable the Gram Panchayat to deposit the requisite amount. The said prayer was rejected by an order of that date, saying that, as the Gram Panchayat had failed to deposit the requisite amount, the settlement in favour of the Gram Panchayat had been concealed and a decision had been taken to settle the Mela by public auction. On the 13th February, 1975, the Additional Collector fixed the 24th February, 1975 as the date for holding the public auction and directed the Block Development Officer and the Anchal Adhikari to announce and publish the said date. He further directed the records to be put up on the 24th February 1975. On the 24th February 1975, the date fixed for the public auction, a petition was filed on behalf of the Gram Panchayat that an application had been filed before the Revenue Minister in connection with the settlement of the said Mela and, therefore, the public auction should not be held till the Minister had passed some order. The said petition was rejected saying that offer for settlement of the Mela had been made to the Gram Panchayat on the 11th February, 1975, but the requisite amount was not deposited and as such the 24th February, 1975 had been fixed for settlement of the Mela by public auction. It is the admitted case of the parties that the auction was held on the 24th February, 1975 in which the petitioner in C.W.J.C. no. 1181 of 1975 was the highest bidder, having offered Rs. 77,100/ - on the same day, he also deposited Rs. 38,550/ -, being half of the bid money. The Additional Collector directed that the file should be sent to the State Government for approval. It may be mentioned that respondent no. 7 did not participate in the public auction. But, on the 1st March, 1975, he filed an application before the Additional Collector making certain allegations against the petitioner in C.W.J.C. no. 1181 of 1975 and offered Rs. 80,000/ - for settlement of the Mela. The said application was sent for inquiry to the Sub -divisional Officer, Dinapore. The inquiry report of the D.C. L.R. (Deputy Collector in charge Land Reforms) Dinapore, dated the 24th March, 1975, was received by the Additional Collector and on the 26th March, 1975 he passed an order saying that from the inquiry report of the D.C.L.R. it appeared that the highest bidder, that is, the petitioner in C.W.J.C. no. 1181 of 1975, was close to Raghvendra Dhari Singh (the Mukhiya of the Gram Panchayat) and was a name -lender for him. It was also mentioned that the said Raghvendra Dhari Singh holds a Mela on his own raiyati land near the Government Mela in question which causes loss to the Government revenue. It was also mentioned that the D.C.L.R. had pointed out that, if the Mela was settled with respondent no. 7, the amount offered being higher, the State would be benefited. On these considerations, the Additional Collector recommended that the Mela be settled with respondent no. 7 for Rs. 80,000/ - and he directed that the file be sent to the State Government for approval. The State Government communicated its approval to the aforesaid settlement with respondent no. 7 under its letter, dated the 29th April, 1975, a copy whereof is Annexure "2" to the C.W.J.C. no. 1181/75. Copies of orders of the different dates have been annexed and marked Annexure "1" to the said writ application. The petitioner in C.W.J.C. no. 1181/75 has also annexed a copy of the petition filed by him before the Secretary, Revenue Department on the 7th April, 1975, saying that he was the highest bidder, having offered Rs. 77,100/ -, but he had learned that respondent no. 7 had offered Rs. 80,000/ - after holding of the auction. He made a prayer that the settlement in his favour should not be disturbed, but, in case it was not possible, then he also was prepared to offer Rs. 85,000/ - for the settlement of the Mela. A copy of the said petition is Annexure "3" to the writ application.