IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5985 of 2008 ASHOK KUMAR RAY Versus THE STATE OF BIHAR & ORS ----------- 6 21.07.2008 Heard. The petitioner had contested settlement of right to collect tolls at a bus stop. Respondent No 4, in public auction, succeeded being the highest bidder. Petitioner has challenged the selection and settlement of the same with respondent No 4. He has submitted that in fact he was the highest bidder but under threat and coercion, he was made to sign a wrongly prepared bid sheet. He reported the matter on the very next date to the authorities. He petitioned the District Magistrate –cum- Collector that he was ready to pay 25% more and, as such, rebid should be held. Failing to solicit favourable orders, he has come to this Court. In the counter affidavit, the facts have been disputed. A bid sheet has been annexed signed by the petitioner which clearly discloses that the petitioner was not the highest bidder. The petitioner points out that this is the bid sheet which was got signed by him under coercion in blank. First, in my view, in view of such a serious disputed questions of fact, this Court cannot interfere in the matter. Secondly, so far as offer to pay 25% higher is concerned, no such circular could be issued by the State which would be in conflict 2 with law. The legal provisions in this regard are controlled by Sales of Goods Act and Contract Act which make it clear that if a sale or transaction is to be concluded by auction then at the fall of the hammer, unless it is otherwise so provided, the transaction is complete. If such a backdoor entry is permitted then the transactions would never get finalized at the spot as is enshrined by law. The circular is not valid. In that view of the matter, I am unable to exercise discretion in the matter to entertain this application which is dismissed accordingly. M.E.H./ ( Navaniti Prasad Singh )