IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17992 of 2009 1. MANDAR MADHUSUDAN BAHUDHANDHI SWABLAMBI SAHKARI SAMITI LTD. BOUNSI, DISTT.- BANKA (BIHAR) THROUGH ITS PRESIDENT SHANKAR PRASAD SINGH 2. SHANKAR PRASAD SINGH S/O LATE JAWAHAR PRASAD SINGH R/O VILL.- JHAPARIA, P.S.- BOUNSI, DISTT.- BANKA (BIHAR), PRESIDENT OF THE MANDAR MADHUSUDAN BAHUDHANDHI SWABLAMBI SAHKARI SAMITI LTD., BOUNSI, BANKA (BIHAR) Versus 1. THE STATE OF BIHAR 2. COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR 3. COLLECTOR, BANKA 4. CIRCLE OFFICER, BOUNSI, DISTT.- BANKA 5. BIRENDRA KUMAR S/O MOTI PRASAD SINGH R/O VILL.- JHAPARIA, P.S.- BOUNSI, DISTT.- BANKA ----------- For the petitioner : M/S. Rajendra Narayan & Rajiv Kumar Sinha, Advocates. For the State : Mr. R. Prasad Bharti, S.C.-14 Md. Aslam Ansari, A.C. to S.C.-14. Mr. Aslam Ansari, A.C. to S.C.-14. Mr. Sadanand Paswan, A.C. to S.C. 14. For Respondent No.5 : Mr. Pankaj Kumar Sinha, Advocate. ==== 5. 11.01.2010. Heard learned counsel for the petitioner, State and the counsel for Private Respondent No.5. 2. Petitioner-Co-operative Society was an applicant for settlement of the Bounsi fair, Bounsi which was notified in the newspaper dated 25.11.2009, as its case for settlement was recommended by the Joint Registrar, Co-operative Societies, Bhagalpur on the ground that there was no dues against the said Co-operative Society. In terms of the Government instructions, preference is to be given to the Co-operative Societies in matters of settlement of fair which is also mentioned in the notice published for such settlement dated 25.11.2009, Annexure-6. The proceedings for settlement were taken by the District Magistrate and Additional District Magistrate, Banka on 30.11.2009 but ignoring the case of the petitioner settlement was made in favour of Private Respondent No.5 as Private Respondent No.5 was the highest bidder and petitioner failed to participate in the bid although the President of the Society was present during the bid with the offer of the Society to take the settlement at reserve Jama. - 2 - Aforesaid fact is mentioned in the order passed by the District Magistrate and Additional District Magistrate, Banka on 30.11.2009, which is contained in Annexure-F to the counter affidavit. 3. Learned counsel for the petitioner has assailed the aforesaid action of the State-respondents to settle the Bounsi fair with the Private Respondent No.5 on the ground that such settlement is contrary to the terms of the notice itself which inter alia provides that settlement will be made in favour of the Co-operative Society or village Panchayat provided there is no dues against them and Society/Panchayat is ready to take the settlement on the amount of reserve Jama. In view of the clear stipulations in the notice that the Co-operative Society shall be given preference provided there is no dues against the Society and its case has been recommended by the competent authority and the fact that the case of the petitioner was recommended by the Joint Registrar as there was no dues with the Society, in my opinion, the Collector and the Additional Collector, Banka erred in directing the petitioner to participate in the bid for settlement of the Bounsi fair. Accordingly, the order dated 30.11.2009 (Annexure-F to the counter affidavit) settling the Bounsi fair in favour of the highest bidder is quashed and matter is remitted back to the Collector, Banka to take appropriate steps for settlement of the Bounsi fair in favour of the petitioner in terms of the stipulations contained in the notice dated 25.11.2009 in accordance with law. The amount deposited by the Private Respondent No. 5 be refunded forthwith. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)