IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10180 of 2010 1. RANJEET KUMAR SINGH, S/O LATE LAXMI NARAYAN SINGH, R/O MOHALLA NEW AREA NAWADA, P.S. SADAR, DISTRICT- NAWADA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE,NAWADA. 3. THE DEPUTY DEVELOPMENT COMMISSIONER,NAWADA. 4. THE ADDITIONAL COLLECTOR, DISTRICT REVENUE SECTION, NAWADA COLLECTRIATE, NAWADA. 5. THE SUB DIVISIONAL MAGISTRATE,RAJAULI,DISTRICT- NAWADA. 6. SRI HARE RAM SINGH, S/O KRISHNA SINGH, R/O BABHANTOLI, P.O. AND P.S. RAJAULI,DISTRICT- NAWADA. ---- RESPONDENTS For the petitioner :- Mr. Ajay Kumar, Advocate For the State :- Mr. Binod Kumar, A.C. to S.C. V For Respondent No. 6 :- Mr. Pushkar Narayan Shahi, Advocate ----------- 3 15.7.2010 The petitioner has filed this writ application praying therein that a Parwana should be issued to him for the purposes of collecting toll for one year at Tekuatand weekly Hat situated in Rajauli in the district of Nawada. The petitioner had earlier moved this Court by filing a writ application which was disposed of on 6.5.2010. The submission of the petitioner was that he was the highest bidder of Rs. 4,00,000/- for collection of tolls for the year 2010-11 and he has deposited 50% of the amount on 16.4.2010 but in the absence of Parwana or authorization, he is not being permitted to collect the toll. The petitioner’s grievance was that the authorities concerned were permitting respondent no. 6 Sri Hare Ram Singh to collect toll. The respondent has appeared in this case and points out that the first bid was held on 26.3.2010 in which the petitioner had not participated and the respondent being the highest bidder was settled the rights to collect toll from Tekuatand weekly Hat. Thereafter an application was filed by the petitioner purportedly in pursuance of 2 circular of the State Government dated 12.9.1978 wherein there is a provision that any person may file an application for settlement of the bid if he deposits 25% excess of the amount which has been settled with the highest bidder. The petitioner thereafter deposited Rs. 2,00,000/- against a sum of Rs. 4,00,000/-. The Additional Collector, Nawada thereafter published advertisement for holding a fresh bid on 19.6.2010. The petitioner was asked to deposit the remaining amount which he failed to do. A fresh advertisement was published for holding a bid with respect to the Hat in question. The petitioner filed an application before the Additional Collector, Nawada informing him that he could not be present on the date on which the bid was to he held i.e. 19.6.2010. Subsequent to that the respondent no. 6 appeared before the Additional Collector and offered Rs. 4,00,500/- and deposited the entire amount. The petitioner being aggrieved with the bid held on 19.6.2010 has moved this Court claiming that Parwana should be issued in his favour. I may point out that in this writ application as well as the earlier writ application the prayer for issuance of a Parwana in favour of the petitioner is misplaced as he has never deposited the entire bid amount as would be apparent from the facts stated aforesaid. The second bid was held on 10.5.2010 wherein the petitioner was directed to deposit the remaining Rs. 2,00,000/- of the bid amount but the amount was not deposited therefore the third notice was issued on 19.6.2010. 3 During hearing of this matter, the Court asked the parties to bid for the Tekuatand weekly Hat. The petitioner has offered an amount of Rs. 4,25,000/- and submits that he will be able to deposit the amount in two installments. The respondent no. 6 also offers to pay Rs. 4,25,000/- and undertakes that he will deposit the remaining amount immediately. This Court after considering the rival contentions of the parties has come to the conclusion that the petitioner had participated in the first bid but he failed to deposit the bid amount within the time frame fixed by the Additional Collector. Thereafter he had filed an application and he was ready to pay 25% higher than that of respondent no. 6. The stand of the petitioner that the date of the auction should be postponed, to suit his convenience, cannot be considered by the authority as it would lead to unending process of accommodation on the whims and fancies of the bidders and would not be a healthy practice. I, therefore, find no merit in this writ application. The respondent no. 6 may be issued the Parwana for the Tekuatand weekly Hat by the Additional Collector treating the settlement amount to be Rs. 4,25,000/- after adjusting the amount which he has already deposited. The respondent no. 6 should deposit the remaining amount within a period of one month. This application is thus disposed of. Sanjay (Sheema Ali Khan, J.)