Santosh Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5630 of 2015 ====================================================== Santosh Kumar Singh Son of Basant Singh, R/o Village- Parasiya, P.O. P.S.- Kochas, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, Rohtas at Sasaram, District- Rohtas. 3.
The Deputy Development Commissioner, Rohtas at Sasaram, DistrictRohtas. 4.
Nagar Parishad Sasaram through Nagar Executive Officer, Nagar Parishad, Sasaram, District-Rohtas.
5.
Nagar Executive Officer, Nagar Parishad, Sasaram, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinu Kumar, Advocate :
Mr. Vardaan Mangalam, Advocate :
Mr. Ritu Raj, Advocate :
Mrs. Kanika, Advocate :
Mr. Rajesh Kumar Singh, Advocate For the Respondent/s :
Dr. Md. Raisul Haque, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2025 Heard Mr. Dinu Kumar, learned counsel for the petitioner and Dr. Md. Raisul Haque, learned SC-4 representing the State.
2. The present petition has been preferred for the grant of following relief(s):
"(a) For quashing the short term settlement notice dated 07.04.2015 published in daily newspaper Dainik Jagran Dainik Jagran under the signature of Nagar Executive Officer, Nagar
2/4 Parishad, Sasaram as contained in Annexure-6 by which application has been invited to participate in the open bid on 13.04.2015 at 3.00 PM for settlement of toll collection of Bus Stand Sasaram situated under Sasaram Town Nagar Parisad for the financial year 2015-16 on the reason first highest bidder Rakesh Kumar has failed to deposit bid amount Rs. 70 lacs accordingly fresh bid is being held for settlement on 13.04.2015 at 3.00 PM.
(b) Also commanding the Nagar Executive Officer, Nagar Parishad, Sasaram to accept bid amount (Dak Ki Rashi) Rs. 42,05000/-from the petitioner considering the petitioner is the 2nd bidder for settlement of toll collection of Bus Stand Sasaram under Nagar Parishad Sasaram which was held on 31.03.2015 under the supervision of Deputy Development Commissioner, Rohtas at Sasaram as per direction of District Magistrate, Rohtas at Sasaram.
(c) Also for commanding the Nagar Executive
3/4 Officer, Nagar Parishad, Sasaram to not hold bid on 13.04.2015 for settlement of toll collection of Bus Stand Sasaram pursuant to short term settlement notice as contained in Annexure- and further at the event of any bid if it is held on 13.04.2015be declared illegal and bad in law.
(d) And also for necessary relief/reliefs, order/orders, direction/directions for which the petitioner will be entitled in the law as well as in the facts of the case."
3. It is the contention of the learned counsel for the petitioner that though the bid was for the year 2015-16, the fact remains that he remained in the category of failed bidder and as such, the amount he deposited (Rs.2,68,900/-), the same has to be returned.
4. Learned State counsel submits that the respondents shall verify whether it is to be returned or stands forfeited and in case, it has been forfeited, any order has been passed or not.
5. With the consent of the parties, the writ petition stands disposed of directing the petitioner to approach the concerned authority who shall take necessary step, if the
4/4 petitioner is entitled to the refund and still has not been refunded, immediate step shall be taken.
6. If however, the decision has been taken otherwise, the same has to be communicated to the petitioner so that he can challenge it before appropriate authority/respondent no.5, the Executive Officer, Nagar Parishad, Sasaram, Rohtas.
7. The writ petition stands disposed of.
8. Interlocutory Application, if any, pending stands disposed of.
(Rajiv Roy, J) vinayak/- U