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Sri Anang Pal And Another v. Zila Panchayat And Others - WRIT - C No. 21910 of 2006  RD-AH 8256 (24 April 2006)
Civil Misc. Writ Petition No. 21910 of 2006
Sri Anang Pal and another Vs. Zila Panchayat and others
Hon'ble Yatindra Singh,J
Zila Panchayat , Meerut ( the Zila Panchayat ) published an advertisement on 23.3.06 for auction of a Theka regarding transportation of cattle for cattle fair .The auction was held on 31.3.06 in which the petitioner was the highest bidder and the bid amount was Rs.2, 21,500/- . The respondent no. 4 ( the contesting respondent) filed an application stating that he is willing to take it on 25% more amount namely for a sum of Rs. 2,73,500/- and on the basis of this application an order was passed by the Chairman of the Zila Panchayat that as the financial year has come to an end, both the parties may collude with each other, and as such the contesting respondent should be given Theka for Rs. 2,73,500/-, hence the present writ petition.
We have heard Mr. P.K.Jain , counsel for the the petitioner , Mr. V.K.Rai , appearing on behalf of respondents no. 1 and 2 , Mr. C. B. Gupta, for the contesting respondent no.4 and the Standing Counsel for the respondent no.3.
The auction was held on 31.3.06 in which the petitioner was the highest bidder . In case this bid was not to be accepted then the Zila Panchayat could have done it by a fresh auction . The Zila Panchayat instead of calling for fresh auction gave it directly to the contesting respondent without even consulting the petitioner. This is illegal . In view of this the grant of Theka to the contesting respondent is set aside and considering the fact that the new financial year has already started , the parties may appear before the Upper Mukhya Adhikari, Zila Panchayat , Meerut at 11.00 A.M. on 27th April, 06. The respondent no. 1 Upper Mukhya Adhikari , Zila Panchayat Meerut may , thereafter conduct a fresh auction between these two parties and thereafter may give Theka in favour the person who may be the highest bidder. The petitioner was the highest bidder in the auction which was held on 31.3.06 and the contesting respondent is willing to pay more bid money , it will not be necessary to call for any other bidder in the auction to be held on 27th April, 06. The minimum amount in this auction shall be Rs.300,000/- as both the parties have offered to give this amount before this court. It will be open to the Upper Mukhya Adhikari, Zila Panchayat, Meerut to make negotiation by a sealed tender or by open bidding. It is necessary to point out that the period of Theka will be from the date of executing the fresh agreement in pursuance of the auction to be held on 27.4.06 till 31.3.07.
With these observations the writ petition is disposed of finally.
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