- (1.) THIS is an appeal against the order dated 16.5.51 of the Additional Commissioner, Kotah.
(2.) THE facts of the case, in brief, are as follows : - - The appellant submitted an application to the Commissioner, Kotah, offering a bid of Rs. 3300/ - for the auction of tenancy right in respect of a holding 77 bighas and 6 biswas in village Bhoja Heri Tehsil Mangraul. This holding had been auctioned second time for Rs.3000/ -in favour of Gopilal. The Divisional Commissioner rejected the application on the ground that the higher bid was offered when the formalities regarding conduct of bid were over. Therefore his application was untenable at that stage. It is against this order that this appeal has been preferred.
(3.) THE chief arguments of the appellants are that the holding was auctioned twice, therefore, it was not a bar to third auction. Secondly the Commissioner had not sanctioned the bid of Rs. 3000/ - therefore an order for reauction being in the financial interest of the State was justified. The respondent in reply urged that according to auction rules a bid at the appointed time of auction is necessary. Applications made thereafter are untenable. If a procedure as suggested by the appellant is adopted there will be no end to auction proceedings, after an auction is over. The second auction in this case was essential as the Additional Commissioner had ordered the possession of the holding in favour of the alleged cultivator of the holding on payment of the same auction money which he had offered. Therefore there was no justification in ordering auction of the holding for the third time.;