Andhra Pradesh High Court
Judges : V.V.S.RAO
Gunda Venkata Ramana - Appellant
Versus
District Level Committee - Respondent
Decided On : 07-11-00
A. P. Panchayat Raj Rules, 2000 - Gram Panchayat - Re-auction - Right to quarry sand - In view of the fact that the Notification impugned is the same, the Writ Petitions are being disposed of by this common order at the stage of admission with the consent of the learned counsel for the respective parties - Held, Supreme Court further held that if the Government has power to accept or not to accept the highest bid, it has also power to change or revise the policy subsequent to provisional acceptance, but before final acceptance - In my considered opinion these two authorities also support the view that the highest bidder till there is a concluded contract, cannot be presumed to have any right and therefore there is no necessity to issue notice to the petitioners - To satisfy the doctrine of fairness the Joint Collector sent communication informing that the District Committee has decided to reauction the sand quarries - Petition dismissed
( 1 ) IN all these Writ Petitions the petitioners are highest bidders in the auction conducted to lease out the right to quarry sand in watercourses falling within the jurisdiction of respective Gram Panchayats in Srikakulam District. All the petitioners are aggrieved by a Notification dt. 30-5-2000 issued by the District Level Committee proposing to re-auction the right to quarry sand on 16-6-2000 in certain villages. In view of the fact that the Notification impugned is the same, the Writ Petitions are being disposed of by this common order at the stage of admission with the consent of the learned counsel for the respective parties.
( 2 ) THE averments in the affidavit accompanying the Writ Petition No. 9767 of 2000 may briefly be noticed.
( 3 ) THE first respondent, through its Member Convenor (third respondent herein), issued Sand Auction Notification dt. 24-4-2000 in accordance with A. P. Panchayat Raj (Auction of Sand in Water Courses Vesting in Gram Panchayats) Rules, 2000 (hereafter called the sand Rules ). As per the Notification the upset price for Karajada Village in Srikakulam District was fixed at Rupees 1,92,000/ -. The auction was held on 10-5-2000. There were eight bidders for the sand reach in Karajada Gram Panchayat. The petitioner submitted a bid for Rs. 2,45,000. 00 and his bid was the highest one. The petitioner deposited an amount of Rs. 61,250. 00 being 25% of the quoted bid on 12-5-2000. After waiting to receive confirmation orders from appropriate authority, the petitioner approached the Joint Collector. The petitioner raised 75% of the balance of the bid amount. In the meanwhile, the impugned Notification was issued. The petitioner received proceedings in Ref. No. 453/2000 P4 dt. 31-5-2000. By the said proceedings issued by the second respondent, the petitioner was informed that before issuing orders, the confirming authority opined that the highest bid fetches in the auction held on 10-5-2000 is not reasonable price for the sand reach of Karajada Village and therefore it is decided to conduct re-auction for the sand reach. In all other Writ Petitions the facts are same except that the highest bid amount differs from Panchayat to Panchayat.
( 4 ) THE learned Government Pleader for Panchayat Raj has filed a common counter- affidavit in all the Writ Petitions through the Divisional Panchayat Officer, Palakonda. It is stated in the counter that on 10-5-2000 auction was conducted in respect of nearby rivers/canals, but the confirmation authority did not confirm the highest bid by the bidders/tenderers on the ground that the amount fetched is not reasonable for some of quarries, which include the quarries in the Panchayats in question. It is also stated that where the quarry is small or the reach is small situated in remote place and the upset price is below Rs. 10,000. 00 the bids were accepted, as there is no possibility of getting more amount. As the petitioners do not have any right as the bid is not confirmed and there is no valid enforceable agreement between the petitioner and the concerned Gram Panchayat, the petitioners are not entitled to any notice before ordering re-auction. It is also stated that pursuant to the re-auction notice, auction was conducted on 16-6-2000 for seven quarries, which are subject matter of the writ petitions. Five out of seven quarries fetched higher amount than the highest bid in the earlier auction and in respect of two quarries the bid was lesser than the highest bid in the earlier auction. The details are as under : Name of the reach and Villagew. P. No. Upset price Rs. Bid amount (old) Rs. Bid amount (new) Rs. 1 2 3 4 5 Karajada9767/20001,92,0002,45,0002,60,000sankili9918/20001,00,0001,07,0081,13,000attichi Polavalasa9920/2000 75,000 76,000 82,000bhyri9946/20002,50,0002,71,0002,59,000thotada9989/20005,50,0005,68,0005,58,000tamada10011/20001,00,0001,02,0001,57,000kommanapalli10017/2000 60,000 61,000 63,000
( 5 ) IT is contended by the learned counse
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