THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NOs.495 & 517 OF 2010 24th August, 2010. W.A.No.517 of 2010 Between: MEKALA SRINIVAS .. APPELLANT AND B.RAMESH GOUD AND OTHERS .. RESPONDENTS W.A.No.495 of 2010 Between: MEKALA SRINIVAS .. APPELLANT AND B.RAMESH GOUD AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NOs.495 & 517 OF 2010 COMMON ORDER: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) Two Writ Petitions 7379 and 7639 of 2010, one filed by the successful bidder to command the respondents to implement the resolution accepting the bid for collection “of cattle market fee” and the other filed by the unsuccessful bidder who happens to be the second highest bidder seeking a restraint to be placed on the respondents from giving effect to the highest bid. The learned single Judge by a common judgment allowed the writ petition of the highest bidder directing the respondent-Gram Panchayat to implement the resolution dated 31.3.2010 favouring the successful bidder for allotment and dismissed the one filed by the unsuccessful bidder. Both the judgments being against the unsuccessful bidder, therefore these two appeals by him on the ground of breach of one of the conditions of the auction notice that required the successful bidder to deposit half of the bid amount by 4.00 p.m. Appellant admits that amount was paid but according to him payment was made by way of an adjustment of an earnest money deposit (EMD for short) refundable to one of the unsuccessful bidders and there is no denying that the amount was adjusted on the same day towards half of the bid amount payable by the respondent-successful bidder because the EMD was already with the respondent-Gram Panchayat. Thus, there is no question of payment beyond the stipulated hour. Viewed thus, we find no ground to interfere with the impugned judgment. Dismissed. (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 24th August, 2010. Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NOS.495 AND 517 OF 2010 COMMON ORDER: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 24th August, 2010.