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Madras High CourtWP/5752/2022disposed of

Rajendran v. The District Collector

2022-03-14Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.03.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.No.5752 of 2022 & W.M.P.No.5847 of 2022 Rajendran ...

Petitioner vs.

1. The District Collector Dharmapuri.

2. The Block Development Officer Eriyur Panchayat Union, Dharmapuri District.

3. The Commissioner Eriyur Panchayat Union Dharmapuri District ... Respondents Writ Petition filed under Section 226 of the Constitution of India for issuance of a Writ of Certiorified Mandamus to call for the records with respect of the impugned proceedings of the 3rd respondent dated 05.03.2022 in Na.Ka.No.2400/2021/A2 and quash the same consequently direct the 3rd respondent to confirm the tender of the petitioner as per the tender called for by the 3rd respondent in his proceedings 21.02.2022 in Na.Ka.No.2400/2021/A2.

For Petitioner : Mr.M.Karthik for Mr.R.Nalliyappan For Respondents : Mr.U.Baranidharan Addl. Government Pleader for R1 to R3

ORDER

This order will govern captioned main Writ Petition and captioned 'Writ Miscellaneous Petition' ('WMP' for the sake of brevity) thereat i.e., W.M.P.No.5847 of 2022.

2. Mr.M.Karthik, learned counsel representing the counsel on record for lone petitioner and Mr.U.Baranidharan, learned Additional Government Pleader who accepts notice qua all the three respondents are before this Court. Captioned matter is in the Admission Board. After some arguments captioned matter was passed over to enable counsel for writ petitioner and State counsel to get instructions/further instructions, they did and the matter was taken up in second and third calls.

3. Be that as it may, it is made clear that main writ petition is taken up with the consent of both sides.

4. Short facts shorn of elaboration are that the third respondent issued an 'auction notice dated 11.02.2022 bearing reference Na.Ka.No.2400/2021/A2 (hereinafter 'first auction notice' for the sake of convenience and clarity) stating that auction would be held on 21.02.2022, Monday at 02.00 p.m. qua rights to collect toll for one year qua ferries (gupry;) in Eriyur Panchayat Union in Dharmapuri District.

5. On instructions, learned State counsel submits that 19 bidders participated, writ petitioner offered Rs.17.65 lakhs and was the successful bidder. However, it later came to light that in the previous year i.e., 2021-22, the auction amount was Rs.40.35 lakhs (together with GST and Income Tax, it added up to Rs.48.42 lakhs) is learned State Counsel's say. On coming to know about this, 'a re-auction notice dated 05.03.2022, bearing reference 'Na.Ka.No.2400/2021/A2'

(hereinafter 'impugned auction notice and/or second auction notice' for the sake of convenience and clarity) was issued for holding the re-auction on 14.03.2022, Monday (today) at 02.00 p.m. To be noted, this order is being passed in the forenoon session of Court sitting.

6. Assailing the aforementioned impugned auction notice, writ petitioner has come to this Court inter alia but primarily on the ground that on he becoming the successful bidder qua first auction notice, he has already paid Rs.8 lakhs in all (besides a Security Deposit of Rs.1.5 lakhs) but without any cancellation or without notice to the writ petitioner, impugned auction notice (second auction notice) has been issued. Learned State counsel, obtained instructions and shared the written instructions with this Court, a scanned reproduction of which is as follows:

7. Learned counsel for writ petitioner took instructions in response to the aforementioned written instructions and submitted that the writ petitioner is agreeable to increase the bid amount from Rs.17.65 lakhs to Rs.40.50 lakhs for the current year i.e., 2022-2023 {to be precise from 22.03.2022 to 21.03.2023} for rights collection of toll in parisal thurai (gupry; Jiw) in Eriyur Panchayat Union, Dharmapuri District.

8. The above consent draws the curtains on the captioned matter. Therefore, no further discussion is required.

9. Learned counsel for writ petitioner requested for an accommodation to pay 25% or thereabouts of the bid amount of Rs.40.50 lakhs (rounded off to Rs.10,00,000/-) forthwith and the remaining amount (after giving credit to Rs.8 lakhs and Rs.1.5 lakhs Security Deposit already paid) within one month from today i.e., on or before 13.04.2022. Considering the facts and circumstances of this case, in the light of the fair stand that has been taken by both sides and keeping in mind the revenue of the State and making it clear that this order will not serve as a precedent (in other words, this is a one off matter), request of the writ petitioner is acceded to.

10. In the light of the narrative thus far, the following order is passed:

a) Impugned auction notice i.e., second auction notice dated 05.03.2022 bearing reference Na.Ka.No.2400/2021/A2 is set aside;

b) Impugned auction notice is set aside without expressing any opinion or view on the merits of the matter as it is in the light of consensus that has been arrived at between the petitioner and the respondents i.e., State;

c) Writ petitioner shall pay Rs.10,00,000/- [Rupees Ten Lakhs only] forthwith. The bid amount for the ensuing period i.e., from 22.03.2022 to 21.03.2023 shall be Rs.40.50 lakhs and the GST/ Income Tax payable on the same shall be borne by the writ petitioner;

d) From and out of the above said Rs.40.50 lakhs, a sum of Rs.10,00,000/- [Rupees Ten Lakhs only] shall be paid by the writ petitioner forthwith i.e., on or before the close of working hours tomorrow. The balance qua Rs.40.50 lakhs {after giving credit to Rs.8 lakhs (besides Security Deposit of Rs.1.5 lakhs) already paid qua first auction notice} shall be paid by the writ petitioner on or before 13.04.2022;

e) If the writ petitioner does not comply with anyone of the aforementioned conditions, it is well open to the third respondent to issue re-auction notice afresh without any reference to the writ petitioner besides making a claim for damages/loss against the writ petitioner, if any, if so advised and if so desired; f) The other bidders who have made Security Deposits pursuant to impugned auction notice shall be given refund forthwith by third respondent and in any event

before close of working hours tomorrow by making it clear that it is pursuant to Court orders.

Captioned Writ Petition and WMP are disposed of in the aforesaid manner. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gpa To

1. The District Collector Dharmapuri

2. The Block Development Officer Eriyur Panchayat Union, Dharmapuri District

3. The Commissioner Eriyur Panchayat Union Dharmapuri District +1cc to Mr.R.Nalliyappan, Advocate, S.R.No.16988 +1cc to the Government Pleader, S.R.No.17797 (26/05/2022) W.P.No.5752 of 2022 & W.M.P.No.5847 of 2022 SSD(CO) SB(14/03/2022)