TAPEN SEN, J. - (1.) HEARD the parties.
(2.) THE process in which a Municipal Tank has been settled in favour of the Respondent No.4 (Anil Kumar Soni) is the bone of contention in this Writ Application. By Annexure -1, the Special Officer, Daltonganj Municipality issued a Public Notice dated 06.03.2002 giving wide publicity of the fact that a Public Auction in relation to various Tanks including a Municipal Tank neal\Daltonganj Police Station would be held on 16.03.2002 at 3.00 P.M. for settlement of the same for the period 01.04.2002 to 31.03.2003. The Reserve Jama was fixed at Rs. 2,27,150.00 and security money at Rs.11,357.00. The aforementioned Notice was circulated amongst various authorities of the Government including the Deputy Commissioner, Palamau, Deputy Development Officer, Palamau, Additional Collector, Palamau, Additional District Magistrate for Law and Order, Palamau, Sub -Divisional Officer Sadar, District Liaison Officer, Palamau, District Co -operative Officer, Palamau, Block Development Officer, Sadar and Circle Officer, Sadar, Daltonganj. It was also directed that the said Notice be put up on the office Notice Board and intimation thereof be circulated to the members of the public by beat of drums. A copy was also forwarded to the Deputy Secretary, Urban Development Department, Government of Jharkhand, Ranchi for information. The reason why the aformentioned facts are being stated is to record that the aforementioned notice regarding holding of the proposed Auction on 16.03.2002 was given the widest possible circulation.
(3.) ON 08.03.2002, the District Cooperative Officer, Palamau informed the Executive Officer, Daltonganj Municipality, that the Petitioner (Daltonganj Thana Matasyajeevi Sahayog Samiti Limited, Balwatika) had resolved in their meeting held on 04.03.2002 that they were willing to take the settlement in their name. Consequently, the earnest money for participating in the open Auction was deposited and the Petitioner along with the Respondent No. 4 and other four persons, participated in an open Auction on 16.03.2002 in the office of the' Daltonganj Municipality. The highest bid was knocked down at Rs. 2,52,102/ - According to the learned counsel for the Petitioner, the Petitioners were willing to take the Tank at the same rate offered by the Respondent No. 4 and accordingly, they wrote a letter on the same jay addressed to the Special Officer, Daltonganj Municipality informing them that they were willing to take the Tank on settlement at the same rate and requested that they be allowed to deposit the money etc.;