Devi Prasad Singh, J. - (1.) Heard Mr. S.N. Tripathi, holding brief of Mr. S.S. Pandey, learned Counsel for the petitioner and Mr. Arvind Kumar Singh, learned Counsel for the respondent No. 6 as well as learned Standing Counsel and perused the record.
(2.) Auction of pond No. 9/1.104 village Chhitampatti was done on 26.12.2005 by the Naib Tehsildar in pursuance to the advertisement dated 24.12.2005 in newspaper, "Nyayadhish". Though the photostat copy of the newspaper has not been filed but it has been produced during the course of hearing. The newspaper itself is taken on record.
(3.) It appears that the Gram Pradhan of village Paliya has submitted a complaint dated 5.1.2006 to the Deputy Collector, Shahganj informing him that the auction of the pond in question was held under back door process by the Naib Tehsildar. Hence, it was requested by her that the auction may be cancelled and the pond may be put to public auction in accordance with rules. In consequence thereof, the Sub-Divisional Officer had directed for re-auction of the pond in question. In pursuance to the order dated 6.1.2006 (Annexure-3), passed by the Sub-Divisional Officer on the application moved by the village Pradhan, the Tehsildar vide order dated 12.1.2006 had directed to re-auction of the pond in question. Feeling aggrieved, the petitioner who is an auction purchaser has approached this Court under Article 226 of the Constitution of India.;