S.K. Dhaon, J. - (1.) THE principal prayer is that the auction held on 20th November, 1991, for settling the right to collect toll on Kalpi Bridge which is on the river Yamuna may be quashed.
(2.) STANDING counsel represents the Respondents No. 1, 2 and 3. Sarvasri S.C. Budhwar and Arun Tandon have put in appearance on behalf of Respondent No. 4 (Sri Om Prakash). Sri Devendra Singh Niranjan (Incharge Executive Engineer, Construction Division, National highway, P.W.D. Kanpur) has been cited as Respondent No. 5 in his personal capacity, although he has been cited as Respondent No. 3 in his official capacity. A counter -affidavit has been filed on behalf of Om Prakash, the Respondent No. 4. We do not consider it necessary to call for a counter -affidavit on behalf of Respondents No. 1, 2 and 3 in view of the order we are about to pass. It is not necessary to serve the Respondent No. 5 as we are not proposing to pass any order adverse to him. With the consent of Sarvasri S.C. Budhwar, Arun Tandon and the learned Standing Counsel, we are proposing to dispose of this petition finally.
(3.) THE material facts are these. 15th November, 1991 has been fixed for holding an auction to collect toll on the aforesaid bridge. On 14th November 1991, the Petitioner preferred a writ petition in this Court with the allegations, that the notice for holding the auction on 15th November, 1991 had been published in the local newspaper on 28th October, 1991. The notice required the intending bidders to comply with certain formalities, namely, the submission of a character certificate and insolvency certificate, etc. Diwali holidays intervened between 20th October, 1991 and 15th November 1991 and, therefore, on account of paucity of time the Petitioner could not obtain the necessary certificates. This Court finally disposed of the said Writ petition with the direction that the auction should be put off for a period of one month On 14th November, 1991, the Executive Engineer concerned on his own made an announcement that the auction had been adjourned from 15th November, 1991 to 20th November, 1991. On 18th November, 1991, the Petitioner filed an application before the Commissioner. Jhansi Division along with a certified copy of the order passed by this Court on 14th November, 1991. The Commissioner passed an order that the auction should not be held on 20th November, 1991. In spite of the order of the Commissioner, the Executive Engineer conducted the auction on 20th November, 1991. At that auction Sri Om Prakash was the highest bidder.;