Alauli Anchal Boat Trafic.Cop.St.L.& ... vs State Of Bihar & Ors

3. A public notice dated 16.10.2008 was issued by the Zonal Officer, Alauli for auction of Ghurandera Kilagarai Ghat for the year 2008- 2009 in which Reserve Jama was fixed at Rs.33,350/-. Three bidders had taken part in the auction, the highest bidder at Rs.16,00,100/- by Sushil Kumar and that one Lalan Kumar and Shri Ram Bilash Yadav who also participated in the bid at Rs.5,00,000/- and Rs.10,00,000/- respectively. At the time of Dak, the appellant-society which was present there accepted the settlement under protest and deposited one third of the total bid amount. The appellant-society then prayed for recalling the open bid for the year 2008-2009 on the ground that the bid amount was very much higher and also to fix the amount only with fifteen percent increase of the previous years and for direction upon the respondent to adjust the amount deposited by it in the future instalment. Request of the appellant-society was declined; however, liberty was granted to the appellant-society that it can avail next two settlements for consecutive years at the same settlement amount without any further Jama or open bid.

4. The appellant-society then filed Writ Petition No.3646 of 2009 praying for quashing the order dated 16.10.2008 inviting open bid for settlement of Ghurandera Kilagarai Ghat for the period 2008-2009 through public auction. The appellant alleged that the bid amount was very much higher than the amount on which ghats were being settled for the previous years. Learned Single Judge disposed of the writ petition and remanded the matter back to the Collector, Khagaria observing that the persons who bid the amount were not really interested in taking the settlement and that the appellant-society had taken the ghat under protest. The learned Single Judge directed the authorities to re-consider the matter in the light of various circulars of the State Government. Being aggrieved, respondent- State of Bihar preferred appeal in LPA No.1457 of 2009 which was allowed by the Division Bench holding that the record revealed that every year the amount of bid has gone up and as such the court has no jurisdiction to go into the disputed questions of fact with regard to the bid amount and that it was for the appellant-society to work out its remedies before the appropriate forum.

15. Be it noted, Ghurandera Kilagarai Ghat was not the only solitary ghat auctioned, but auction was held for other ghats also and the bid amount had gone much higher than the amounts at which the ghats were being settled in the previous years. In fact, the appellant-society was successful in offering the highest bid amount for other ghats at Rs. 20,00,000/-. Having participated and having emerged as the successful bidder for other ghats, the appellant-society is not justified in challenging the auction inviting open bids for Ghurandera Kilagarai Ghat. The Division Bench rightly observed that every year the amount of bid has gone up and therefore, the Court has no jurisdiction to go into such disputed questions of fact with regard to bid amount. We do not find any reason warranting interference with the impugned order.

17. In the result, the appeal is dismissed leaving the parties to bear their respective costs.

….….....................CJI.