IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19991 of 2025 ====================================================== Rajesh Kumar S/o-Naresh Mandal, Resident of village- Gajjar, P.S. Bounsi, District- Banka. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary Revenue Department, Govt. of Bihar. 2. The Additional Secretary Revenue and Land Reforms, Govt. Of Bihar. 3. The Commissioner, Bhagalpur, District - Bhagalpur. 4. The District Magistrate, Banka, District- Banka. 5. The Additional Collector, Banka, District- Banka 6. The Circle Officer, Bounsi, District- Banka. 7. The District Co-Operative Officer, Banka. 8. The Block Co-Operative Extension Officer, Banka. 9. Mandar Madhushudhan Bahudhandi Swawlambi Sahkari Samiti Ltd. Bounsi, District- Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Shahbaz Yusuf, Adv. Mr. Sonu Kumar, Adv. For the Respondent/s : Mr. Sudama Kumar, AC to SC-12 For resp. no. 9 : Mr. Dhirendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 31-03-2026 Heard the parties. 2. The present application has been preferred for the following relief(s): (i) for setting aside / quashing the memo of tender Related to Sairat Bandobasti vide Memo No. 4601, Dated 20/11/2025 issued by the Respondent No. 5. (ii). for issuance of a writ in the nature of mandamus or any other Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026 2/6 appropriate writ / writs, order / orders, direction / directions commanding the respondents to not held auction either this year or for the next year of the said tender until and unless Equality Before the Law or the Equal Protection of Laws is obeyed by deleting/omitting the inappropriate/illegal condition no. 8 of giving priority to Local Registration Co-operation Committee Gram Panchayat in an Open bid Tender even a higher bid is given by the individual bidder. (iii). Any other appropriate relief or reliefs may be granted in favour of the petitioner as your lordship may deem fit and proper. 3. The matter relates to the Annual Bounsi Mela which is being held during the ‘Sankranti’ period for which a general notice was issued under the signature of the Collector, Banka dated 19.11.2025 for its settlement for the financial year 2025-26. One of the clause of the said notice (column 8) read as follows: “8. LFkkuh; fuca/ku lg;ksx lfefr xzke iapk;r ;fn lqjf{kr tek ij cUnkscLrh ysuk pkgsa rks mUgsa izkFkfedrk nh tk;sxhA blds fy, mUgsa l{ke inkf/kdkjh ds vuq”kalk ,oa lacaf/kr inkf/kdkjh ls cdk;k ugha jgus laca/kh izek.k&i= ds lkFk Mkd esa Hkkx ysuk gksxkA ” 4. The petitioner who wanted to put in his bid was Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026 3/6 aggrieved that even if he is declared as a highest bidder, if the local management Committee wants the settlement on the base price (in the present case, Rs. 29,52,050/-), the Committee will have the first preference. 5. The submission is that in that background, the entire exercise of notice/ bidding/ declaration as highest bidder will come to an end if the management committee finally decides that it will be taking the settlement on base price. 6. The writ petition was earlier taken up by a Co- ordinate Bench on 11.12.2025 and while directing the respondents to file affidavit, they were directed not to finalize the tenders related to settlement till the next date of hearing. 7. The counter affidavit has come and learned State Counsel has taken this Court to Annexure- R/B to the counter affidavit filed on behalf of the respondent nos. 4 to 6 to show that the said Clause- 8 is in line with the notification no. 300 dated 10.03.1982. 8. This Court would like to incorporate the aforesaid notification no. 300 dated 10.03.1982 issued by the Revenue and Land Reforms Department, Bihar, Patna and read as follows: “ i= la0 141 ls0&02&0&,82&300 jk0 fcgkj ljdkj Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026 4/6 jktLo ,oa Hkwfe lq/kkj foHkkxA izs’kd] Jh jke o`{k cSBk ljdkj ds la;qDr lfpoA lsok esa] lHkh ftyk inkf/kdkjhA iVuk&15] fnukad 15@10-3-82 fo’k;%& gkV] cktkj ,oa esyk dh cUnkscLrh ds laca/k esaA egk”k;] funs”kkuqlkj mi;qZDr fo’k;d foHkkxh; i=kad 2302 fnukad 14-3-1966 ,oa 339 jk0 fnukad 12-3-1980 ds izlax esa eq>s dguk gS fd ljdkj dks lwpuk feyh gS dh mijksDr i= ds vuqns”k dh iw.kZ :is.k ikyu ugha fd;k tk jgk gSA vr% ljdkj us fu.kZ; fy;k gS fd mi;qZDr ifji=ksa esa fn;s x;s vuqns”k ds vkyksd esa gkV] cktkj ,oa esyk dh cankscLrh esa LFkkuh; xzke iapk;r cgq/ka/kh lg;ksx lfefr;ka dks l{ke inkf/kdkjh dh vuq”kalk izkIr gks rFkk muds ftEes dksbZ ljdkjh cdk;k ugha gks rks lqjf{kr tek ij muds lkFk cUnkscLrh esa izkFkfedrk nh tk;A vxj os l{ke u gks rc mudh cUnksoLrh dke Mkd ds ek/;e ls mPpre Mkd drkZ ds lkFk mPpre Mkd cksyh dh jkf”k ij dh tk;A mi;qZDr vuqns”k dh lwpuk vius v/khuLFk ink/kdkfj;ksa dks bl fgnk;r ds lkFk nsa fd bu vuqns”kksa dk ikyu fuf”pr :i ls fd;k tk;A fo”oklHkktu] g0@& jkeo`{k cSBk 15-3-82 ljdkj ds la;qDr lfpoA Kkikad 300 jk0] iVuk 25] fnukad 10-3-82 izfrfyfi%& lHkh izeaMyh; vk;qDr@lHkh vij lekgrkZ dks lwpukFkZ ,oa vko”;d dkjZokbZ ds fy;s vxzlkfjrA g0@& jkeo`{k cSBk ljdkj ds la;qDr lfpoA” 9. A perusal of the notification would show that it consist of two statements: (i) in case of settlement of Hatt Bazar Mela, the local Panchayats/ Committees will be Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026 5/6 given preference, if they have no dues and are able to pay the security deposit; (ii) if they fail to take up the said settlement, in that case, it will be open to be settled with the highest bidder through bid. 10. Clearly, this point is missing in the Clause-8 of the notice dated 19.11.2025 issued by the Collector, Banka. 11. This Court is of the view that if any settlement is to be made, the respondents after fixing a base point, can offer the settlement to the Committees in line with the Circular dated 10.03.1982 issued by the Revenue and Land Reforms Department, Bihar, Patna if they have no dues and there is recommendation. However, if the Committees are unwilling to take it up and/or if there are dues against them, in that case, it can be settled to the highest bidder. However, the respondents cannot play with those eligible bidders by firstly inviting them to participate and once they are declared the highest bidder, turn around and offer the security amount price to the Committees which in turn is to throw the highest bidder out of the settlement. This not only violates the principle of natural justice, it clearly will result into financial loss to the State exchequer. 12. This Court has been informed by the parties that due to the order dated 11.12.2025 passed by the Co-ordinate Bench, no settlement could take place for the year 2025-26 and Patna High Court CWJC No.19991 of 2025(5) dt.31-03-2026 6/6 the Mela also has now come to an end. In that background, this Court makes it clear that henceforth, the notice must be strictly in line with the memo no. 300 dated 10.03.1982 issued by the Revenue and Land Reforms Department, Bihar, Patna if it still stands and has not been withdrawn/annulled. 13. With the aforesaid observation, the writ petition is disposed of. 14. Pending I.A.(s), if any, also stands disposed of. Vijay Singh/- (Rajiv Roy, J) U