S.K.MAL LODHA, J. - (1.) BY this writ petition under Article 226 and 227 of the Constitution of India, the petitioner has sought to quash the reauction notice (Ex. 6) dated March 21, 1980 issued by the Collector cum District Development Officer, Sri Ganganagar and the other reliefs.
(2.) THE facts leading to filing of this writ petition are as under: The Panchayat Samiti, Nohar (respondent No. 1) issued a notice (Ex. 1) for the auction of the lease hold rights or theka for collecting the bones for the year 1980 -81. A cyclostyled notice was also issued by the Collector cum District Development Officer, Sri Ganganagar (respondent No. 2) for auction of the leases for the collection of bones for the year 1980 -81 for 10 Panchayat Samities mentioned in it within their respective jurisdiction including that of the Panchayat Samiti, Nohar. It was stated in the notice (Ex.1 that the auction would be held at Zila Parishad Hall, Sri Ganganagar on March 5, 6 and 7, 1980 from 11 AM to 3 PM. The relevant conditions of notice Ex. 2), which are material for the purpose of this writ petition, have been reproduced by the petitioner in English. They are as follows: (i) that the bidder will deposit Rs. 500/ - before auction; (ii) that the auction will be knocked down in favour of the highest bidder; (iii) that the highest bidder shall have to deposit half the auction amount at the spot when the bid is knocked down and the rest amount in the instalments one in June and other in September. The contract shall be cancelled if the amount is not deposited on the prescribed date; (iv) that the auction shall be held separately for each of the Panchayat Samiti; (v) that before lifting the bones, the contractor shall execute the agreement with the Panchayat Samiti as per the directions of the Development Department and shall get it registered within 3 days. The petitioner deposited Rs. 500/ - as security deposit vide receipt (Ex. 3). He gave bid of Rs. 18,000/ - for the area within the jurisdiction of the Panchayat Samiti, Nohar. His bid was the highest and as such, it was accepted by respondent No. 1. The petitioner deposited Rs. 9,000/ - being half the bid amount on that very day on the spot. The photostat copy of the receipt showing payment of Rs. 9,000/ - has been produced by the petitioner marked as Ex. 4. The petitioner and respondent No.1 through the Vikas Adhikari entered into an agreement (Ex. 5) on a stamp paper of Rs. 3/ - on March 10,1980, which was signed by the petitioner and the Vikas Adhikari on that very day and it was registered on March 11,1980. The petitioner has stated that by this agreement, respondent No. 1 granted lease to him for removal of bones of dead animals for the year 1980 -81 in respect of the area mentioned in it. However notice (Ex. 6) dated March 21, 1980 was issued by the Collector cum District Development Officer, Sri Ganganagar for re -auction of the lease for the collection of bones for the year 1980 -81 for 10 Panchayat Samities including the Panchayat Samiti Nohar on the ground that the bids at previous auction were rather low. The petitioner has filed this writ petition for quashing the notice (Ex. 6) dated March 21,1980 of the Collector cum District Development Officer, Sri Ganganagar. It may be mentioned here that in the writ petition in para relating to relief, the petitioner has stated for quashing the re -auction notice of respondent No. 2 Ex. 2. This has been done by inadvertence. However, the re -auction notice, which has been produced by the petitioner with the writ petition is Ex. 6.
(3.) ON behalf of the respondents, reply to the writ petition was filed on April 15,1980 contesting the writ petition. Alongwith the reply, copies of the application of one Gulam Khan (Ex. Rule 1), notings of the Collector (Ex. Rule 2) and the order dated December 27, 1969 of the Development Department, Government of Rajasthan were filed.;