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1976 Supreme(Pat) 61

S.K.CHOUDHURI, HARI LAL AGRAWAL
Mosaddi Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.CHOUDHURI, J.

1. This writ application is filed for quashing the certificate (Annexure 10) including the certificate proceeding, a copy of the order sheet of which has been made as Annexure 11 to the writ application. The certificate was filed by the Anchal Adhikari of Raghopur (Respondent No. 2) against the petitioner, for realisation from the petitioner of an amount of Rs. 25,917.37 Paise, being the balance of the bid amount for the settlement of the Sairat of Sukumarpur Ghat.

2. In order to appreciate the points raised in this case, it is necessary to state the relevant facts, which are as follows: An auction took place on the 21st of March, 1969, with regard to the settlement of the Sairat of Sukumarpur Ghat, which was held by Respondent No. 2. The highest bidder was the petitioner, who bid the said auction for an amount of Rs. 21,100.00 only. It is said that after the aforesaid auction, when the hammer was knocked down, a sum of Rs. 7,275/- was deposited by the petitioner with the Anchal Adhikari. According to the terms of the notification, by which invitation was made to the public for the auction of the Ghat in question, fifty per cent. of the total bid money was












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