IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2364 of 2009 PRIMARY AGRICULTURE CO-OPT.SOCIETY Versus THE STATE OF BIHAR & ORS ----------- 2. 19.2.2009 Heard counsel for the petitioner and the counsel for the State as also counsel for respondent no.3. Mr. Mrigank Mauli, learned counsel appearing on behalf of the petitioner Society, submits that when there is a policy of protection extended by the Government in its various circular for the Society in preference to the individuals, the impugned order of settlement of Mela (Sairat) in favour of respondent no.3 is palpably against such policy decision of the Government. Counsel for the State with reference to the impugned order, however, says that there are materials to show that the petitioner did not qualify for such settlement as all the papers were showing that his economic condition was not satisfactory. Mr. Asutosh Kumar learned counsel for respondent no.3 has fairly submitted that he will have no objection if the 2 Society is given such settlement provided his money deposited by him in view of the impugned order of the settlement is refunded back to him. This Court would find that there was already a recommendation in favour of the petitioner society by the Joint Registrar which was valid for three years. That was enough to show the competence/ eligibility of the petitioner society. The petitioner had also offered to pay whatever amount was held to be the highest bid. In that view of the matter, the Collector of the District in stead of allowing such settlement in favour of respondent no.3 ought to have allowed in favour of the petitioner. This Court taking into account the interest of public revenue and corresponding bonafide of the petitioner had asked the counsel for the petitioner as to whether the petitioner society is ready to pay a sum of Rs. 50,000/- over and above the bid amount of Rs. 8,81,251 accepted by the Respondent no. 3, Mr. Mauli upon taking instruction from the office bearers of the petitioner 3 has conveyed to this court that the petitioner will deposit a sum of Rs. 5 lacs by tomorrow i.e. 20.2.2009 and the remaining amount Rs. 4,31,251/- by 24th of February, 2009. That being so, this court with the consent of the petitioner while setting aside the impugned order of settlement of Mela in question for the year 2009 in favour of Respondent no. 3 would direct the Collector of Buxar district to allow such settlement in favour of the petitioner society on the aforesaid agreed condition of payment of an amount of Rs. 9,31,251/-. The petitioner must pay a sum of Rs. 5,00,000/- by tomorrow i.e. 20.2.2009 and the remaining amount of Rs. 4,31,251/- by 24.2.2009. The Collector, Buxar must ensure refund of entire amount deposited by the Respondent no. 3 as soon as the payment is made by the petitioner society and in any event within a period of one week from the date of receipt/production of a copy of this order. With the aforesaid observations/directions this writ application is accordingly disposed of. 4 Let a copy of this order be handed over to learned Additional Advocate general no. 2 for its immediate compliance by the Respondent no. 2, the Collector of Buxar District. (Mihir Kumar Jha,J.) Surendra/