IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1457 of 2009 In (CIVIL WRIT JURISDICTION CASE 3646/2009) 1. The State of Bihar through the Secretary, Revenue, Govt. Of Bihar, Patna 2. The Collector, Khagaria, Distt.- Khagaria 3. The Additional Collector, Khagaria, Distt.- Khagaria 4. The Sub Divisional Officer, Khagaria, Distt.- Khagaria 5. The Deputy Collector, Land Reforms, Khagaria, Distt.- Khagaria 6. The District Cooperative Officer, Khagaria 7. The Circle Officer, Alauli, P.S.- Alauli, Distt.- Khagaria Appellants Versus 1. Alauli Anchal Boat Traffic Cooperative Society Ltd., Phultora, through its Secretary, Japan Mukhiya, Phultora, Alauli, Distt.- Khagaria. 2. Japan Mukhiya S/O Noonu Mukhiya R/O Vill.- Phultora, P.S.- Alauli, Distt.- Khagaria Respondents ---------------------------------- 11 15.12.2011 Heard the learned Additional Advocate General-4 appearing on behalf of the Appellants and the learned counsel for the Respondents. The contention of the State in this appeal was with regard to deposit of bid/auction amount against settlement of Ghurandera Kilagarai Ghat for the year 2008-09 through public auction. The case of the respondents being the petitioners in the writ petition is with regard to the decision dated 16.10.2008 taken by the Collector, Khagaria (Annexure-6 to the writ petition) whereby the respondent Society was asked to deposit the balance amount of Rs. 10,80,000/- for the year 2008-09 as the Society has accepted the bid for the 2 settlement of Ghat for Rs.16.00 lakhs and deposited Rs.5,20,000/- but the bid was settled in favour of one Sushil Kumar, being the highest bidder for an amount of Rs.16,00,100/-. It is further case of the respondents that the Society has deposited Rs.5,20,000/- under protest and filed a writ petition stating that the bid/auction amount was so high and exorbitant. It is contended before the learned Single Judge that there was no basis for arriving at the conclusion that Rs.16.00 lakhs is the bid amount as in none of the years beginning from 2005-06, 2006-07 and 2007-08, the reserve jama was fixed between Rs.29,000/- and Rs.33,500/- approximately. It has also been contended that in absence of any material available before the District Collector, Khagaria, to show that he was not able to pay the excess amount than 16 lakhs, it should not have been auctioned the Ghat for Rs.16 lakhs. It was also contended on behalf of the Society that as the man who taken part in the auction and offered Rs. 16 lakhs has fled away from the scene and therefore the Society was forced to deposit the balance of the bid amount. The aforesaid contention of the writ petitioner 3 has been opposed by the State before the learned Single Judge, but however, the learned Single Judge after hearing both the parties and considering the materials available on record has remanded the matter back to the District Collector, Khagaria for taking into consideration as to what would be the amount of remission in view the various circulars of the State Government. The learned Single Judge has also stayed the operation of order as contained in Annexure-7 with a direction not to take coercive steps against the respondent Society. Being aggrieved by the order dated 23.07.2009 of the learned Single Judge, the State has preferred the present appeal which has come up for hearing on several dates. Today with the consent of the parties the matter is taken up for final disposal. The learned A.A.G. has emphatically argued that the bid/auction amount was fixed for Rs.16,00,100/- but the Society, for the reasons best known to them has stepped into the shoes of the highest bidder/settlee which agreed on the amount of Rs. 16,00,100/- It has also further contended that the Society has deposited the amount of Rs. 5.00 lakhs under protest and when the balance amount was sought to 4 be recovered they filed the present writ petition and the learned Single Judge remanded the matter back to the District Collector, Khagaria to have a fresh look. It has been contended by the learned A.A.G. that for other Ghats also the bid amount was Rs. 16 lakhs. It has also been contended that the same Society has offered bid amount for auction of the other Ghats at Rs.20 lakhs and they were successful in getting the bid, but the learned counsel appearing on behalf of the respondent has opposed such contention stating that there is no infirmity in the impugned order as the learned Single Judge after taking into consideration all the facts on record and taking into all the circulars has directed the District Collector, Khagaria to reconsider the matter. The learned counsel for the respondents has fairly submitted that even though the bid amount was Rs.16 lakhs but the settlee after depositing only 5.00 lakhs under protest as the rightful person had fled away from the scene could not deposit the balance amount. It has been further contended that the learned Single Judge was perfectly right in directing the authority not to take coercive step against the petitioners’ Society. It is also further contended that the 5 figures of bid amount of the year 2008 would go to show that the amount was in between 29,000/- to 33,000/- approximately and for the subsequent years, i.e. 2008-09, it was nearly 33,000/- approximately which never exceeded beyond the amount stated (supra). We have to observe that in every year the amount of bid has gone up and, therefore, this Court have no jurisdiction to go into such disputed questions of fact with regard to the bid amount as it is for the Society itself to agree with the said Sushil Kumar or to work out their remedies before the appropriate forum. With the above observation the order of learned Single Judge is set aside and the appeal stands allowed. Chandran/Ashwini (T.Meena Kumari, J) (Vikash Jain, J.)