ORDER : Heard Mr. Rajesh Kumar Jha, learned counsel for the petitioner and learned AC to GP 4. 2. The present writ petition has been preferred for the following relief(s):— (i) For issuance of appropriate writ/s, direction/s and order/s in the nature of "Mandamus" commanding/directing the authority-respondents concerned to return the total security/bid amount of Rs. 3,57,000.00 (Three Lacs Fifty seven Thousand) only with penal/statutory interest to the petitioner who deposited the same in the Anchal Nazarat, Hayaghat (Darbhanga) on 16.3.2015 vide Chalan/receipt no.- 707839 (Annexure- 2) against the settlement of Shairat of Gudaribazar Haat, Hayaghat (Darbhanga) for the Financial Year 2015-16 which was duly settled in his favour during open bid held on 16.3.2015 but no such concerned letter of intent or authority charge or possession letter has been handed over to the petitioner till date despite several representations (Annexures-4, 7, 8 and 10) and legal notice (Annexure-11) served on the concerned respondents. (ii) And be further pleased to pass such order/s in favour of the petitioner for which he is found to be entitled in the given facts and circumstances of the case.3. The writ petition was filed in the year 2016 and nine years later, now the counter affidavit has come on behalf of the respondent nos. 3 to 6 duly signed by the Circle Officer, Hayaghat, Darbhanga. 4. The case of the petitioner is that a tender notice was issued by the District Collectorate, Darbhanga relating to the settlement of 63 Shairats for the period 2015-16 (Annexure-1 to the petition). 5. The further case is that on 16.03.2015, he was duly selected as the highest bidder for settlement of Gudaribazar Haat, Hayaghat, Darbhanga Shairat for the financial year 2015- 16 and accordingly, the petitioner deposited Rs. 3,57,500/- before the Nazarat, Hayaghat, Darbhanga on the same day by challan/receipt no. 707839 dated 16.03.2015 (Annexure-2 to the petition). 6. The grievance is/are that as the said bazaar was fully encroached, it was informed to the Circle Officer, Hayaghat (Annexure-3), the same went unheeded, reminder was sent on 13.07.2015 (Annexure-8 to the petition). 7. As the financial year was coming to an end without any financial benefit to the petitioner, he had no option but to invoke the writ jurisdiction which came to be registered on 09.02.2016 (the present writ petition). 8.
7. As the financial year was coming to an end without any financial benefit to the petitioner, he had no option but to invoke the writ jurisdiction which came to be registered on 09.02.2016 (the present writ petition). 8. Learned counsel for the petitioner took this Court to the tender notice dated 26.02.2025 to show that the conditions incorporated therein was limited to seven points as follows:— Mkd dh 'krs± 1. Mkd izkjEHk gksus ds iwoZ lqjf{kr tek jkf'k dk 10% jkf'k vxzèku ds :i esa vuqeaMy utkjr@vapy utkjr esa tek djuk gksxkA 2. Mkd lekfIr ds i'pkr liQy MkdoDrk dks fu;ekuqlkj mPpre Mkd dh jkf'k rFkk eqnzkad ,oa LVkEi 'kqYd dh jkf'k Mkd lekfIr ds rqjr ckn tek djuk gksxk vU;Fkk vxzèku dh jkf'k tCr dj fy;k tk;xkA 3. ;fn iwoZ ds cUnksoLrnkj Mkd esa Hkkx ysrs gSa rks iwoZ dk cdk;k jfgr izek.k i=k vapy vfèkdkjh ls izkIr dj Mkd ds le; lefiZr djuk gksxkA 4. fofgr izi=k esa ,djkjukek djus ds i'pkr gh lSjkr@gkV@cktkj@esyk@?kkV@iQydj vkfn dh olwyh dk vfèkdkj mPpre MkdoDrk dks fn;k tk;xkA 5. mPpre MkdoDrk dks esyk vofèk esa gkV@esyk ifjlj vkfn dh liQkbZ djkuk gksxkA blds fy, dksbZ jkf'k ns; ugha gksxkA 6. mi;qZDr of.kZr lSjkrksa dks fcuk dkj.k crk;s LFkfxr@fuyafcr vFkok jn~n djus dk vfèkdkj vèkksgLrk{kjh dks lqjf{kr jgsxkA 7. esyk@?kkV@gkV esa VkWy dh olwyh ljdkjh fu;eksa ds vuqdqy djuh gksxhA ih-vkj-ua- 13045 (jktLo) 14-15 gñ @& vij lekgÙkkZ lekgÙkkZ] njHkaxkA njHkaxkA 9. As recorded above, the counter affidavit came in the case only after this Court took up the matter on 15.07.2025 and adjourned the same allowing them to file reply or pay Rs. 2,000/- to the learned counsel for the petitioner. It seems the Collector, Darbhanga thereafter constituted an enquiry committee under the Chairmanship of Additional Collector, Darbhanga who submitted the report on 08.08.2025 in which amongst other, it has been recorded that the petitioner failed to submit character certificate. 10. In that background, the Collector, Darbhanga has sought guidelines from the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna vide letter dated 09.08.2025 on the point whether the amount has to be returned or not. 11.
10. In that background, the Collector, Darbhanga has sought guidelines from the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna vide letter dated 09.08.2025 on the point whether the amount has to be returned or not. 11. A perusal of the said letter dated 09.08.2025 would show that virtually, the Collector, Darbhanga has accepted the fault on the part of the respondents by incorporating the facts that due to non-movement of the file relating to approval, no order could be passed on the settlement of shairat to the petitioner. 12. This Court has gone through the tender notice and conditions thereto. It nowhere talks about the character certificate. The claim of the respondents as recorded in enquiry report headed by Additional Collector shows that the petitioner failed to submit character certificate pursuant to the letter dated 06.04.2016 issued by the S.P., Darbhanga. It is to be noted that it was issued by the office of the S.P., Darbhanga after the lapse of the financial year on 31.03.2016. In between, as recorded, the petitioner approached this Court on 09.02.2016. Clearly, the respondents on the one hand, after accepting the amount on 16.03.2015, kept the file on the movement mode for full one year and once the period lapsed on 31.03.2016, the S.P., Darbhanga on 06.04.2016 asking for character certificate has got no meaning. 13. In that background, the petitioner has made out his case and is certainly entitled to the amount he deposited before the Nazarat i.e., Rs.3,57,000/-. 14. Accordingly ordered. 15. The respondents shall ensure that the amount is returned to the petitioner by the 30th of September, 2025 failing which the amount shall accrue an interest of 12 per cent from 01.10.2025 till the actual payment is made. 16. In the particular facts and circumstance, though at one point of time, this Court wanted to impose heavy costs upon the respondents, it is refraining from doing so and would expect from the Collector, Darbhanga to take cognizance of the matter that in such settlement of Shairat, it should ensure that either the same is allowed to the settler within the time and/or for any reason, if the respondents come to the conclusion that he/she is not entitled for the settlement, an order be passed at an earliest. 17. The writ petition is disposed of with aforesaid observations.