IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12609 of 2009 SHRI BALLI CHAUDHARY, SON OF LATE BHULLI CHAUDHARY, RESIDENT OF VILLAGE LAKHRAWN, P.S. SIWAN MUFASSIL, DISTRICT SIWAN---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, SIWAN, DISTRICT SIWAN. 3. THE SIWAN NAGAR PARISHAD THROUGH THE CHIEF COUNSELLOR, DISTRICT SIWAN. 4. THE EMPOWERED STANDING COMMITTEE, NAGAR PARISHAD SIWAN, DISTRICT SIWAN. 5. THE EXECUTIVE OFFICER, NAGAR PARISHAD SIWAN, DISTRICT SIWAN. 6. MANOJ KUMAR ALIAS MANOJ YADAV, SON OF SHRI LAL BABU PRASAD, RESIDENT OF VILLAGE LAKHRAWN, POST SIWAN, P.S. SIWAN, DISTRICT SIWAN----RESPONDENTS. ----------- 03. 13.10.2009 Heard learned counsel for the petitioner and the counsel for the Siwan Nagar Parishad. 2. Petitioner is aggrieved by the settlement of Siwan bus stand in favour of private respondent no.6, Manoj Kumar @ Manaoj Yadav as according to the petitioner said settlement has been made without any public notice and the settlement is violative of Article-14 of the Constitution of India. 3. Counsel for the Siwan Nagar Parishad accepts the position that the settlement of Siwan bus stand in favour of private respondent no.6 was made without notice to the public at large. In the circumstances, there is no difficulty in concluding that the settlement made in favour of private respondent no.6 is wholly violative of Article 14 of the Constitution of India and is fit to be set aside. 4. Having consider such fact this Court directs the petitioner to deposit the amount, which has been deposited by private respondent no.6 till date in lieu of the settlement of the Siwan bus stand with Siwan Nagar Parishad on or before 15.10.2009 whereafter a fresh notice for settlement of the bus stand be issued in the - 2 - newspaper on or before 19.10.2009 fixing the date of auction as 26.10.2009 in which the petitioner herein, private respondent no.6 as also others will participate and the bus stand will be settled with the highest bidder for the remainder of the financial year. The amount deposited by the highest bidder shall be adjusted, accordingly. 5. This writ application is, accordingly, disposed of. 6. Let a copy of this order be forwarded to the counsel for the petitioner as also to the counsel for the Siwan Nagar Parishad today itself. Rajesh/ (V.N.Sinha, J.)