IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1732 of 2010 1.Shiv Shankar Choudhary, son of late Jibachh Choudhary, R/o vill. Belhi, P.O. Tharbitta, P.S. Kishanpur, District-Supaul. …………Appellant Versus 1. The Union of India, through General Manger, Eastern Central Railway, Hazipur, Bihar 2. The Divisional Railway (Engineer) III Eastern Central Railway, Samastipur 3. The Assistant Divisional Engineer, Eastern Central Railway, Saharsa ….Respondents 4 15.3.2011 Heard Mr. Mahendra Pathak for the appellant and Mr. Madhu Prasun for the respondents. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C.No.12569 of 2010, and raises a grievances with respect to the order dated 21.9.2010 whereby the writ petition has been dismissed, and cancellation order of allotment of the project in favour of the writ petitioner has been upheld. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the respondent authorities issued advertisement on 28.3.2010, notifying that an auction shall take place on 14.4.2010 for allotment of the - 2 - project in question. The same could not take place on that date, was extended on various dates, and was ultimately held on 24.5.2010. The writ petitioner, being the highest bidder for Rs.8,21,000/-, for a total period of three years, was allotted the project in question on the same date. The writ petitioner deposited a sum of Rs. 3,28,400/-, being 40% of the consideration money, and further sum of Rs.1,64,200/- by way of security money, both on the same date. This was followed by the impugned order dated 14.6.2010, whereby allotment of the project in favour of the writ petitioner was cancelled on the ground that extension of date(s) of auction was without any publicity at all, without any notice to all concerned, and therefore all eligible and interested persons did not get the opportunity to participate in the auction which ultimately took place on 24.5.2010. In the facts and circumstances of the case, the impugned order cannot be faulted. The authorities have published a fresh advertisement in which the writ petitioner shall have the opportunity to participate in - 3 - KHAN the auction. We do not find any adverse observation against the writ petitioner in the impugned order. However, we are of the view that a sum of Rs.4,92,600/- be refunded to the petitioner along with interest @ 6% per annum from the date of deposit(s) till the date of payment, without any prejudice to his right of participation in the next auction. The appeal is accordingly disposed of. (S.K.Katriar,J) (S.P.Singh,J)