KRISHNA MURARI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition has been preferred for direction upon the respondent no. 3 to forthwith refund a sum of Rs. 2,21,000/- alongwith interest to the petitioner, who was settled with a Municipal Tank in auction by respondent no. 3, which was for the period of 2002-03, 2003-04 & 2004-05 @ Rs. 3,31,000/- for one year.

(2.) It has been submitted that the auction settlement of the said Tank took place by open auction held on 16.03.2002 in favour of one Anil Kumar Soni, which was challenged in W.P. (C) No. 2435 of 2002 and by judgment dated 13.08.2002, the said settlement of Tank in favour of the Anil Kumar Soni was quashed and the matter was remanded back for re-auction. The aforesaid judgment dated 13.08.2002 was challenged in L.P.A. No. 448 of 2002, which was dismissed on 10.10.2002 in view of the fact that re-auction had already been held on 25.09.2002 in which the present petitioner was found to be highest bidder to the tune of Rs. 3,31,000/- per year for the settlement of the Tank. Thereafter, vide letter no. 536 dated 05.11.2002, the petitioner was directed to deposit a sum of Rs. 3,31,000/-, which was accordingly complied with on 26.11.2002 and thereafter, petitioner was handed over the Tank and started the work from 04.12.2002. It is a case of the petitioner that he deposited the bid amount of Rs. 3,31,000/- for each financial year, however, he was allowed to work only for 2 years and 4 months from 04.12.2002 as the petitioner was allotted the settlement of Tank on re-auction in November, 2002 and the respondents were not justified in not refunding the proportionate amount of bid money deposited for the financial year 2002-2003, although the petitioner had not worked upon the said Tank for the entire Financial Year.

(3.) The respondents have appeared and filed their counter affidavits in which they have stated that the work order was issued to the petitioner on 05.11.2002 for the financial year of 2002-03. However, it has been stated that since the petitioner did not object to the said deposit of Rs. 3,31,000/- at the relevant point of time, respondents have accepted that because of ensuing litigation in the first auction for the settlement of the Tank which took place in November, 2002, the petitioner did not have any objection of the payment of the entire sum for the relevant financial year 2002-03.