IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11454 of 2007 Bijay Kr. Singh, son of Kapleshwar Singh, resident of Village- Araut, P.S. Roshra, District-Samastipur ------- Petitioner Versus 1. The State of Bihar 2. The Collector, Samastipur 3. The Deputy Development Commissioner-cum- Chief Executive Officer, Office of the Zila Parishad, Samastipur. 4. The Chairman, Zila Parishad, Samastipur. 5. The Sub Divisional Officer, Rosera, Samastipur ----- Respondents. ------------ 2. 18.2.2009 None appears on behalf of the petitioner. Heard Mr. Nikesh Kumar for respondent nos. 3 and 4, and learned Assistant Counsel to Standing Counsel No.17. Respondent nos. 3 and 4 had advertised a notification bearing no.1 of 2006, inviting tenders for settlement of Mushhari Ghat for giving licence to ply boats. The same was settled in favour of the petitioner for total sum of Rs.90,000/- for the period 2006-07. The petitioner had initially deposited a sum of Rs. 45,500/- and operated the Ghat, but he did not deposit the balance sum of Rs.44,500/- on the plea that he could not ply boats because of un- fordable waters. The petitioner, therefore, prays for refund of the said sum of Rs. 45,500/- with interest. It appears to me that the issues seems to ignore the terms and conditions of the advertisement copy of which has been marked Annexure-A to the counter affidavit. Clause 16 of the same is a complete answer to the petitioner’s case and is reproduced hereinbelow: 16. ftl vof/k esa unh esa bruk de ikuh gks fd iSny ;kf= ;k eos’kh iSny pydj ikj mrj jgh gS rks ?kVokj [ksok okslwyh djus ds gdnkj ugh gksus rFkk blds fy, mUgsa ;k lfefr dks fdlh izdkj dh NqV ;k eqvkotk ugh fn;k tk;sxk@ 2 It is thus evident that shallow or un-fordable water was not a ground of non-deposit of the entire consideration money. In that view of the matter, it is not possible to grant any relief to the petitioner. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. )