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Sri Anang Pal And Another v. Zila Panchayat And Others - WRIT - C No. 21910 of 2006 [2006] RD-AH 8256 (24 April 2006)


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Court No.1

Civil Misc. Writ Petition No. 21910 of 2006

   Sri Anang Pal and another  Vs.  Zila Panchayat  and others

Hon'ble Yatindra Singh,J

Hon'ble R.K.Rastogi,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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