ALAULI ANCHAL BOAT TRAFFIC COOPERATIVE SOCIETY LTD., PHULTORA AND ANR. Vs. STATE OF BIHAR AND ORS.
LAWS(SC)-2016-2-93
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on February 26,2016

Alauli Anchal Boat Traffic Cooperative Society Ltd., Phultora And Anr. Appellant
VERSUS
STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal assails an order dated 15.12.2011 passed by the Division Bench of the High Court of Judicature at Patna allowing Letters Patent Appeal No.1457 of 2009 setting aside the order of the learned Single Judge and declining to interfere with the order of the Collector dated 16.10.2008, auctioning Ghurandera Kilagarai Ghat and direction to the appellant-society to deposit the balance bid amount of Rs.10,80,000/- for the year 2008-2009 for settlement of the said ghat.
(3.) A public notice dated 16.10.2008 was issued by the Zonal Officer, Alauli for auction of Ghurandera Kilagarai Ghat for the year 2008- 2009 in which Reserve Jama was fixed at Rs.33,350/-. Three bidders had taken part in the auction, the highest bidder at Rs.16,00,100/- by Sushil Kumar and that one Lalan Kumar and Shri Ram Bilash Yadav who also participated in the bid at Rs.5,00,000/- and Rs.10,00,000/- respectively. At the time of Dak, the appellant-society which was present there accepted the settlement under protest and deposited one third of the total bid amount. The appellant-society then prayed for recalling the open bid for the year 2008-2009 on the ground that the bid amount was very much higher and also to fix the amount only with fifteen percent increase of the previous years and for direction upon the respondent to adjust the amount deposited by it in the future instalment. Request of the appellant-society was declined; however, liberty was granted to the appellant-society that it can avail next two settlements for consecutive years at the same settlement amount without any further Jama or open bid.;


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