SHARIF ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 18. 2. 2008 passed by the learned Single Judge in W. P (C) No. 6265/2007, by which the learned Single Judge had been pleased allow the writ petition filed by the petitioner-Autari Paswan, who is the respondent no. 6 in this appeal, holding that the respondent no. 6 had been granted the tender for fishing operations in Dulki water Tank, Hunterganj, District Chatra, by the letter dated 20th July, 2007, after settling the said Tank for fishing purposes and accepting the earnest money from him for the settlement. The respondent no. 6 thereafter was allowed to conduct fishing operation in the Tank for a period of 5 years which had to be counted from the date of the decision, which was 20th July, 2007.

(2.) IT is apparent that the tender granted to the respondent no. 6 was due to expire only in the year 2012 and yet a second tender notice was issued even without cancelling the tender which was awarded to the respondent no. 6 herein. It is an admitted position that the respondent- Autari Paswan was the second highest bidder, when the Tank was settled in his favour for a period of 5 years, as the first highest bidder did not turn up and in any case, the appellant herein was not the successful bidder at all, but a second tender notice was issued on 24th october,2007, without even cancelling the first tender and without any knowledge or any liberty of hearing to the respondent no. 6.

(3.) UNDER the aforesaid circumstances, if the learned Single Judge was pleased to allow the writ petition holding that cancellation of the tender against the respondent no. 6 is bad and illegal in the eye of law, we see no reason to interfere with the impugned order.