K.C. Agarwal, J. - (1.) ON 26th August, 1985, a notice was published for the auction of light to collect toll tax on the road bridge over the River Tones in Mohammadabad, Azamgarh. The advertisement required the intending bidders to submit along the application, amongst others: (i) No dues certificate from the District Magistrate; (ii) Solvency Certificate to the extent of Rs. 4,00,000/ - (Four lacs), and (iii) Character certificate. The petitioner submitted a fixed deposit receipt No. 750700 dated October 1, 1985 to the extent of Rs. 40,000/ - in favour of the Executive Engineer P.W.D., Azamgarh. He also filed the Solvency and No Due Certificate as were required by the advertisement, He also annexed the character certificate which mentioned: PRAMANIT KIYA JATA HAI KI SHRI SHRI KRISHNA DUTT SINGH PUTRA SHRI MUKHRAM SINGH NIWASI GRAM MEDNIPUR THANA SUHWAT TEHSIL JAMANIYA JILA GHAZIPUR EK SAMBHARANT VYAKTI HAI, UNKE VIRUDDHA NA KABHI KOI DANDNIYA KARYAVAHI KI GAYI AUR NA KOI SAMPRETI VICHARADHIN ATHWA JANCHADHIN HAI AUR NA KOI UNKE CHARITRA YA ARTHIK ISTHITI KE VISHAY, MEIN ABHI TAK AISI BAAT YA TATHYA PRAKASH MEIN AAYI HAI JO UNKE NAAM SE SHASNADESH NIYAMAWALI TENDER SHARTON YA SARVJANIK NIRMAN VIBHAG KE VIBHAGIYA NIYAMON KE ANUPALAN MEIN VIRCHNIYA SUCHI MEIN PANJIKARAN MEIN BADHA YA AVRODH UTPANN KAREN.
(2.) THE Executive Engineer prepared a list of eligible candidates for participating in the auction bid scheduled to be held on 4th October, 1985. According to this list, the following persons were found eligible. 1. Sri Krishna Dutta Singh (Petitioner), 2. V.B. Singh Munindra Nath Upadhaya, and
(3.) RAGHUPATI Singh. 3. One Banarasi Singh son of Bhagwati Singh of Azamgarh was also found eligible to participate in the auction by another office order dated 4th October, 1985. 4. Munindra Nath Upadhaya, respondent 4, filed an application before the Commissioner, Gorakhpur raising objections regarding the inclusion of the name of certain persons in the list prepared by the Executive Engineer. He made prayer for postponement of the auction also. The Commissioner, Gorakhpur Division vide letter No. 67 dated 4 -10 -85 asked for the comments of the Executive Engineer, P.W.D., Azamgarh stayed the holding of auction on 4th October, 1985. As a result of the order of the Commissioner, the Executive Engineer, P.W.D. Azamgarh, who was to hold the auction on 4.10.85 suspended the same. He submitted a reply to the Commissioner vide letter dated 7th October, 1985. With regard to the petitioner, he stated: TAHSILDAR JAMANIYA KI AKHYA DINANK 1 -8 -85 KE ADHAR PER PARMANIT KIYA JATA HAI KI SHRI KRISHNA DUTT SINGH PUTRA MUKHRAM SINGH NIWASI GRAM MEDNIPUR PARGANA VA TAHSIL JAMANIYA JILA GHAZIPUR KI ACHAL SAMPATI KI KUL ANUMANIT MALIYAT ANKAN, 5,06,849.54 (PANCH LAKH CHHAH HAZAR AATH SO UNCHAS RUPAY CHAUWAN PAISE) MATRA HAI UKT SBMPATI KA VIVRAN NIMNWAT HAI. ;