STATE OF RAJASTHAN AND OTHERS Vs. KUNANA RAM

JUDGEMENT

(1.) These appeals are directed against the order of learned Single Judge dated 22.7.2002 passed in S.B.Civil Writ Petition No.1279/2002, whereby the learned Single Judge has quashed the orders Annexure-P/11 and P/13 to the writ petition.

(2.) Th facts giving rise to these appeals are that on 15.2.2002, an advertisement was issued by the Panchayat Samiti, Degana for lease of unspecified land for the period from 1st April, 2002 to 31st March, 2004. On 22nd February, 2002, the advertisement was published in daily News Paper "Dainik Bhaskar". First respondent Kunana Ram was one of the bidders. At the against order dated 22.7.2002 passed by Single Judge in SBCWP No.1279/2002. auction, he gave a bid of Rs. 2,01,000/-. His bid being the highest, was accepted on 22.3.2002. It was the case of the first respondent that on 18.3.2002, he entered into an agreement for procuring agricultural implements and for that purpose, he invested a sum of Rs. 5,70,000/-. It appears that before the alleged investment was made by the first respondent, complaint was filed on 8.3.2002 (Annexure-10) against the acceptance of the bid of first respondent. On 11.3.2002, the Collector Nagaur stayed the effect of the auction and directed status quo to be maintained. On 1:4.2002 the Collector asked the Development Officer, Panchayat Samiti, Degana to hold fresh auction within 15 days (Annexure-11). On the same day viz. 1.4.2002 the Development Officer, Degana issued notice to the first respondent for appearance in the office of the Panchayat Samiti in connection with enquiry regarding the aforesaid complaint (Annexure-12). On 2.4.2002 the Development Officer wrote a letter to the first respondent informing him that fresh auction will be held in which he will be allowed to participate (Annexure-13).

(3.) The first respondent aggrieved by the decision of the authorities to hold fresh auction in respect of the lease of the land in question filed writ petition, being S.B.Civil Writ Petition No.1279/2002. The learned Single Judge accepted the writ petition on the ground inter alias that before cancellation of the bid of the first respondent, no notice was given to him.