MOSADDI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is filed for quashing the cer tificate (Annexure '10') including the cer tificate proceeding, a copy of the order sheet of which has been made as Annex ure '11' to the writ application. The cer tificate was filed by the Anchal Adhikari of Raghopur (Respondent No. 2) against the petitioner, for realisation from the petitioner of an amount of Rs. 25,917.37 Paise, being the balance of the bid amount for the settlement of the Sairat of Suku- marpur Ghat.

(2.) In order to appreciate the points raised in this case, it is necessary to state the relevant facts, which are as follows: An auction took place on the 21st of March, 1969, with regard to the settlement of the Sairat of Sukumarpur Ghat, which was held by Respondent No. 2. The highest bidder was the petitioner, who bid the said auction for an amount of Rs. 21,100/- only. It is said that after the aforesaid auction, when the hammer was knocked down, a sum of Rs. 7, 275/-was deposited by the petitioner with the Anchal Adhikari. According to the terms of the notification, by which invitation was made to the public for the aucuon of the Ghat in question, fifty per cent, of the total bid money was required to be deposited immediately by the highest bidder with the fall of the hammer. Accordingly, a prayer was made by the petitioner for time to deposjt the balance of the fifty per cent, amount, i.e., Rupees 7, 275/- within one week. But, it appears that Respondent No. 2 did not grant any time to the petitioner and accordingly the record was sent to the Deputy Collector Incharge Land Reforms, for approval, as appears from the report of the Anchal Adhikari a copy of which has been made Annexure '2' to the writ application. This statement is also supported by the counter-affidavit which has been filed on behalf of the State of Bihar, Respondent No. 1, wherein it has been specifically stated in Paragraph No. 4 that one week's time was prayed for, for deposit of ths twentyfive per cent of the bid amount, which was rejected and in the meantime the records were forwarded to the Sub-divisional Officer, Hajipur, for obtaining approval of the settlement of the competent authority. The report (Annexure '2'), which I have already mentioned, shows that the competent authority in this case was the Deputy Collector Incharge Land Reforms.

(3.) It appears that the petitioner could not deposit the aforesaid twenty-five per cent, of the bid amount, but merely deposited a further amount of Rs. l,500/- on the 30th March, 1969. As no further deposit was made, it appears that the petitioner was neither given any Parwana nor the State or any representative of the State entered into any agreement with him, as was required in accordance with the Notification (Annexure 'I').