Petitioner challenging non-issuance of auction settlement despite deposit. Court found application infructuous as settlement right expired and dismissed writ, noting petitioner may claim refund separately.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15108 of 2012
====================================================== 1. Binod Prasad S/O Late Kishundeo Prasad Resident Of Nayatola, Madhumalat, Police Station- Turkaulia, District- East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, East Champaran At Motihari. 3. The Deputy Collector of Land Reforms, East Champaran at Motihari. 4. The Jailal Sahni S/O Late Hare Krishna Sahni Village- Raghunathpur, Police Station- Turkaulia, District- East Champaran. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Advocate. For the Respondent/s : Mr. Harish Kumar,GP-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 08-12-2015 Heard the counsel for the petitioner and the State. On his own showing the writ application appears to have become infructuous. This relates to the auction of Balua Bazar which is a shairat of the Government. It is stated that the auction could not take place. Under the order of the Collector, the petitioner deposited a sum of Rs. 86,398/- along with registration fee etc. but no parwana or agreement was ever issued. In the meantime, the respondent approached the authority. By order dated 23.7.2012(Annexure-4) he was directed to deposit the amount whereafter the bidding of the bazaar was to be held. Indisputably, the period for which the petitioner claims the settlement right
Patna High Court CWJC No.15108 of 2012 (2) dt.08-12-2015
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although without any parwana issued in his favour has already expired.
The writ application is dismissed.
Dismissal of this writ application shall, however, not preclude the petitioner from claiming refund of the amount, deposited by him with the respondent under Annexure-3 in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/-
U
Binod Prasad
The State Of Bihar
The Collector, East Champaran
The Deputy Collector of Land Reforms, East Champaran
Jailal Sahni
Kishore Kumar Mandal
As recorded by the court registry
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