1 2025:CGHC:60116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2940 of 2020 1 - Smt. Khushbu Deshlahre W/o Devendra Deshlahre Aged About 27 Years R/o Dindayal Awas Colony, Phase-Ii, Quarter No. Lig 26, Sundara, Manki, Rajnandgaon, District- Rajnandgaon (Chhattisgarh), District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary Panchayat And Rural Development Department, Mahanadi Bhawan, New Raipur, Distt.- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Janpad Panchayat Khairagarh Through Its Chief Executive Officer, Khiragarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 3 - The Gram Panchayat Thelkadih Through Its Secretary, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - The Sarpanch Gram Panchayat Thelkadih Thelkadih, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - Suman Gajendra Mochi S/o Lakhan Gajendra Aged About 38 Years R/o Ward No. 2 Thelkadih, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rajendra Patel, Advocate For Respondent No.1 : Mr. Vedant Shadangi, P. L. For Respondents No. 3 to 5 : Mr. Tapan Chandra, Adv (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 10/12/2025 1. Following relief has been claimed in this writ petition:- 10.1 The Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus thereby setting aside the order dated 21.9.2020 passed by respondent no. 4 2 (Annexure P/1) and award of market in auction to the respondent no. 5 on 30.9.2020 and further be pleased to direct the respondents to enter into an agreement with the petitioner in pursuance of acceptance of bid of the petitioner on 17.3.2020, in the ends of justice. 10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including cost. 2. Learned counsel for the petitioner submits that respondent No.3 invited tenders for the auction of the weekly Market (Bazar) known as Hatri Bazar located at village Thelkadih, Janpad Panchayat Khairagarh, District Rajnandgaon (CG). The notice for this auction was issued on 03.03.2020. The minimum price was fixed at Rs.3,80,500/-. The petitioner participated in the auction proceedings and offered the highest bid of Rs.5,60,200/- which was accepted by respondent No.3. As per the auction conditions, 25% of the accepted bid amount was required to be deposited immediately upon acceptance, which the petitioner deposited on 17.03.2020. The auction notice further stipulated that the remaining 75% of the amount was to be deposited within a period of 30 days, failing which the auction would be canceled and the initial 25% deposit would be forfeited. He further submits that before the petitioner could deposit the remaining 75% amount, Covid-19 Pandemic ensued in the Country, leading to a total lock-down. Consequently, the petitioner was unable to deposit the remaining amount. The initial 25% amount deposited by the petitioner has since been forfeited, compelling the petitioner to file the present writ petition. 3. Learned counsel for the respondent opposes the submissions of the petitioners and submits that the petitioner was, in fact, granted ample opportunity to make the requisite payment. It is contended that as per conditions of auction notice, respondent No. 3 has rightly forfeited the 25% amount of the bid value, and therefore, there is no illegality in the impugned order. 4. Be that as it may, a perusal of the record indicates that auction notice was issued on 03.03.2020. Annexure P-2 is the receipt showing that the petitioner has deposited Rs.1,40,050/, which constitutes 25% of highest bid amount of Rs. 5,60,200/-. This 3 Court takes judicial notice of the fact that two days after the deposit, a lock-down was imposed across the Country due to the Covid-19 Pandemic, and the period for depositing the remaining 75% has since lapsed. Although learned counsel for the respondents attempts to persuade this Court that the petitioner failed to deposit the amount despite being given further opportunity, this Court is not impressed with the submissions made. It is a recognized fact that during the Covid-19 period, every person suffered immensely, both financially and mentally. It is also noted that the forfeited amount remained with respondent No.3 for a considerable period, and they must have utilized the same for their benefit. Thus, treating this as a special case and in the interest of justice, it is hereby directed that the amount of Rs.1,40,050/- deposited by the petitioner shall be refunded by respondent No.3 & 4 within a period of 60 days from the date of receipt of copy of this order. 5. With this observation and direction, this writ petition is disposed of. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.12.12 15:15:34 +0530