SHAMBHU NANDAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the Parties.

(2.) Petitioner has prayed for quashing order dated 28-04-2005 (Annexure-9) issued by the Commissioner, Santhal Pargana Division, Dumka (Respondent no. 4) and the letter dated 10-05-2005 issued by the Special Officer, Pakur Municipality, Pakur (Respondent No.3), whereunder and whereby the settlement for collection of truck toll taxes for the year 2005-2006 made in favour of the petitioner was cancelled and it was settled in favour of respondent No. 5.

(3.) According to the petitioner, for collection of the said toll, Rs. 14,60,900.00 was kept as reserve price. Bids were held on 11-03-2005, 17-03-2005, 23-03-2005 and 28-03-2005, but they were cancelled as no body offered the reserve price. Then again bid was held on 2-04-2005, in which petitioner's highest offer of Rs. 12.11,000.00 was accepted by the Respondents No. 2 and 3, in view of the aforesaid situation. Petitioner deposited Rs. 6,05,500.00 i.e. 50% of the bid amount as asked. An agreement was entered into on 4-4-2005 and petitioner started collecting the tolls. On 16-4-2005, a purported complaint was made to the Respondent No. 4 by respondent no. 5 to the effect that the bid had been settled with the petitioner below the reserve price and that the complainants were ready to deposit the reserve price. On 28-04-2005, the Divisional Commissioner (Respondent No. 4) ordered for settlement in favour of the persons who deposits the reserve price at one time. Clause-6 of the guidelines (Annexure-B) provides that re-bidding should not be done, if any offer is received after the bid is complete as the bid is closed, after local authorities are satisfied that there is no possibility of getting higher price than the highest bid. However, if an offer, higher by 25% of the highest bid is received, rebidding can be done after getting 50% of such offer deposited 25% above the petitioner, bid comes to Rs. 15,13,750.00 (12,11.000/-+ 25%-3,02,750/-) and accordingly, Respondent no. 5 was directed by Respondent no. 3 to deposit it's 50% i.e. Rs. 7,56,350.00. But in a purported bid held on 09-05-2005,it was settled with Respondent No. 5 at Rs. 14,70,500.00 and petitioner was directed to return the toll collected by him up to 10-05-2005.