Anil Kumar, J. - (1.) 1. Nagar Panchayat, Vajeerganj, district Budaun (the Nagar Panchayat) advertised for grant of contract to collect parking fees on 21.2.2009 for 2009-10 i.e. from 1.4.2009 to 31.3.2010. An auction was held on 25.2.2009 and it was granted in favour of the petitioner for a sum of Rs. 2,22,000/-.
(2.) RESPONDENT no. 5 (the contesting respondent) filed an application before the ADM (Administration), Budaun (the ADM) to cancel the same. The ADM passed an order on 26.2.2009 asking the contesting respondent to deposit 10% more than the amount offered by the petitioner, and in that event a fresh auction was to be held. This amount was deposited by the contesting respondent. The Nagar Panchayat sent a letter dated 1.3.2009 to the petitioner for the fresh auction. Hence the present writ petition. We have heard counsel for the petitioner, standing counsel and Sri YS Saxena for the contesting respondents. The counsel for the petitioner is permitted to implead respondent no. 6. The auction was held on 25.2.2009. There is nothing on the record to show that the auction in favour of the petitioner was confirmed. By the order dated 26.2.2009 of the ADM, the contract has not been awarded to the contesting respondent but fresh auction has been ordered. This has been done, in order to get more money for the contract. It is not disputed that the contesting respondent has deposited a sum of Rs. 2,44,000/-. The entire purpose of the auction is to collect more money. Considering the entire circumstances of the case, especially that the fresh auction has been ordered where the petitioner can also participate, we see no justification to interfere with the impugned order.
(3.) IN pursuance of the interim order in this writ petition, the petitioner has started working from 1.4.2009: the equities have to be adjusted. IN view of the same, the writ petition is disposed of with the following directions. (i)The contract in favour of the petitioner was challanged by the contesting respondent only. IN view of the same, fresh auction may be held only between the petitioner and the contesting respondent. (ii)The petitioner as well as the contesting respondent may appear in the office of respondent no. 6 on 27.5.2009 at 3.00 pm. Respondent no. 6 may inform the other members of the auction committee about the date and time. (iii)The minimum bid will be 2,44,000/- i.e. the amount of money deposited by the contesting respondent. The period of the contract will be up to 31.3.2010. The person bidding higher will be awarded the contract. (iv)The petitioner is collecting the parking fees in pursuance of the interim order. He will continue to collect the parking fees till 31.5.2009. (v)IN the event the petitioner's bid is higher than the contesting respondent then he may deposit the higher amount and thereafter continue to collect the parking fees for the remaining period. The money deposited by the contesting respondent will be returned to him. (vi)IN case the bid of the contesting respondent is higher than the bid of the petitioner then he will be awarded the contract for 10 months from 1.6.2009 to 31.3.2010 if he deposits the excess amount after the following adjustment: (a) The Nagar Panchayat will return the proportionate money for 10 months to the petitioner out of the money already deposited by him. (b) The proportionate money for 2 months out of the money deposited by the petitioner is required to be handed over to the contesting respondent. (c) The Nagar Panchayat will adjust the amount that contesting respondent will be required to deposit with the two months of proportionate money that will be required to be given to him. IN case still some more money is required to be deposited by the contesting respondent then he may do so otherwise the amount after adjustment that is still left with the Nagar Panchayat will be handed over to the contesting respondent. With the aforesaid observations, the writ petition is disposed of.;