NAND KISHORE GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the general advertisement issued by the respondent No. 2, Secretary (Distraction and Marketing) Agricultural Produce Marketing Committee, Giridih for settlement of Hooti Bazar Hat and also the letter dated 15.2.2001 whereby one Mahendra Prasad was directed to deposit Rs. 33,000/ -and informing him that a fresh bid will be held on 23.6.2001.

(2.) THE petitioners case is that a general notice was issued by the respondent No. 2 for settlement of different markets/Hat including Hooti Hat and the date of auction was fixed on 13.2.2001. It is stated that the petitioner and other bidders participated in the auction on 13.2.2001 and petitioner became the highest bidder. Accordingly, he deposited 50% of the total required amount i.e. a sum of Rs. 1,64,000/ - on 13.2.2001. The petitioners case further is that instead of settling the Hat in favour of the petitioner the respondents illegally and arbitrarily issued impugned advertisement for re -auction of the said market and further sent a letter to one Mahendra Prasad for depositing the money.

(3.) THIS matter was heard on 12.3.2001 and in order to find out the correctness of the statements made in the counter -affidavit, this Court directed the counsel for the respondents to produce the original record of the proceeding alongwith the petition purported to have been made by Sushil Kumar Yadav. Pursuant to that order the respondents produced all the original documents. From perusal of the minutes of the proceeding dated 13.2.2001 it appears that auction was held on 13.2.2001 in absence of the Chairman of the Committee and although the bid was held but the matter was deferred to 15.2.2001 for taking a decision. The minutes of 15.2.2001 shows that in the meeting presided by the Chairman of the Committee it was decided to re -auction the Hat because of certain irregularities in the auction held on 13.2.2001.