IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6608 of 2008 BHUSHAN PRASAD SON OF BASUDEO RAM RESIDENT OF DHARMSALA ROAD, RAM TOLA RAJGIR, P.S. RAJGIR, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, NALANDA 3. THE EXECUTIVE OFFICER, NAGAR PANCHAYAT, RAJGIR, NALANDA. 4. THE D.C.L.R. NALANDA. 5. THE TOURIST INFORMATION OFFICER, RAJGIR, NALANDA. 6. THE S.D.O. RAJGIR, NALANDA ----------- 2 12/04/2010 Heard learned counsel for the petitioner and learned counsel for the State. The stand of the petitioner is that a notice inviting tender for settlement of Sulabh kind of arrangement by the Executive Officer, Nagar Panchayat, Rajgir is illegal, beyond his powers and deserves to be quashed. It has been stated that some kind of permanent arrangement was made in his favour by the Tourist Information Officer, Rajgir sometime in the year 1986 and since then he has been running the sauchalaya. The stand of the Executive Officer of Nagar Panchayat, Rajgir is that the Tourist Information Officer had no authority to make such settlement. It falls within the - 2 - domain of Nagar Panchayat and Nagar Panchayat has all the rights to either settle the same in favour of a person or be given by an open tender. It is also pointed out that the petitioner had taken settlement for running the toilet in the name of his wife for the year 2007-08. For the subsequent year it had gone in favour of another person. The present writ application in view of the above is only a play to defeat the settlement in favour of the other person. It is better for the public authority to go for open settlement than to go for negotiated settlement in favour of an individual for a long time. The Court finds no infirmity in the issuance of tender notice by the authorities concerned. No right has been established by the petitioner in his favour. The petitioner has freedom to participate in the tender or as and when they are invited, if he is so interested. Writ is dismissed. AMIN (Ajay Kumar Tripathi, J.)