IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6344 of 2008 KRISHNAJI PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Y.V. Giri, Sr. Advocate Mr. Raju Giri, Advocate Mr. Ashish Giri, Advocate For the State : Mr. Ashok Kumar Dubey,S.C.to A.A.G.9 For Pvt. Respondent : Mr. Awadhesh Pd. Sinha, Adv. -------------- 2 14.07.2008 Heard learned counsel for the parties. It is not in dispute that pursuant to the advertisement dated 10.01.2008 issued by the Zila Parishad, Gopalganj, an auction was held and a large number of people participated, but, from the kind of bidding as well as what transpired from the auction, the authorities in their wisdom decided to cancel the process of settlement and refund the caution money, which was deposited by the various bidders. In a normal course, the Court would have considered the submission of learned Senior Counsel appearing on behalf of the petitioner that once a public body holds auction and goes through the process, then there should be some kind of commitment, but, keeping in mind, the revenue which the auction did generate in anticipation of developing the shopping complex in question, the petitioner’s contention is not being accepted 2 by the Court. This Court is also aware that Zila Parishads of this State are under a lot of financial constraint. They have obligation to meet and run their organization, which does not have support coming from the State Government. This Court would not like to interfere with the stand taken with regard to generation of resources of the Zila Parishad and the steps taken in this regard. The writ application is disposed of with a direction upon the authority of the Zila Parishad that they should do their homework in all aspects, take a concerted decision and thereafter go through the process of auction again and complete the formalities in the next bid when it is decided to be held, which should be sooner than later. Needless to say that if the petitioner would like to participate in the said auction, he has all the liberty to do so. Rajeev/ (Ajay Kumar Tripathi, J.)