Court No. - 2 Case :- WRIT - C No. - 32593 of 2010 Petitioner :- Habeeb Ahmad Respondent :- State Of U.P. & Ors. Petitioner Counsel :- N.K. Singh Respondent Counsel :- C.S.C.,Mohd. Alik Ahmad Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Counter affidavit filed on behalf of the respondent no. 4 be taken
on record.
Heard learned counsel for the petitioner, learned Standing Counsel
and learned counsel appearing for the respondent no. 5.
By this writ petition petitioner has prayed for quashing the
contract/licence, if any, executed in favour of the respondent no. 5.
Petitioner’s case in the writ petition is that auction notice was
issued for settling the rights for collection of Hids and Bones of
dead animals for the year 2010-11. Learned counsel for the
petitioner submitted that auction took place on 20.3.2010. The
petitioner gave the highest bid of Rs. 40,000/-. He submitted that
the petitioner has also deposited Rs. 40,000/- on 13.4.2010. Now,
the respondent has issued a letter dated 21.4.2010 that the
petitioner may take back his amount deposited on 13.4.2010.
In the counter affidavit filed on behalf of the respondent no. 4 it is
submitted that the petitioner did not participate in the auction
proceeding and has not given any bid as alleged. Copy of the
neelam fard has been filed as Annexure No. 1 to the counter
affidavit which indicate that only three persons participated. The
neelam fard also mentions that highest bid was of Taslessm against
which an amount of Rs. 38,500/- was deposited on 20.3.2010 in
contemplation of the approval.
It is not the case of the petitioner that he had deposited an amount
immediately after auction and he deposited the amount on
13.4.2010. There is no order or any material on record to indicate
that highest bid was made by the petitioner and he was permitted
to deposit the same amount.
Learned counsel for the respondent further submitted that another
Writ Petition No. 25575 of 2010 was filed by the petitioner which
was dismissed as withdrawn on 6.5.2010.
After having considered the submission of the learned counsel for
the parties and perusing the record, we are satisfied that there is no
material brought on record by the petitioner to indicate that he
participated in the auction and he was permitted to deposit the
amount by an order of the authority as claimed by him on
13.4.2010. The auction took place on 20.3.2010 and the deposit
was made by the contesting respondent on that date, and it has
been mentioned in the fard nilam that he was the highest bidder.
We cannot accept the submission of the learned counsel for the
petitioner that he was highest bidder and deposited Rs. 40,000/-.
We find no ground to grant any relief to the petitioner and the writ
petition is dismissed accordingly.
The petitioner may be refunded the amount of Rs. 40,000/- as
deposited by him within a period of two weeks from today.
Order Date :- 14.7.2010
Ram Murti