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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Amitendra Kishore Prasad, J
Sanjay Agrawal S/o Shri Ram Chandra Agrawal – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. By way of this petition under Article 226 of the Constitution of India the Petitioner has questioned legality and propriety of the impugned order dated 28.12.2011 (Annexure P1), whereby even after holding the Petitioner to be eligible for grant of lease the lease was not granted to him on the ground that the lease is for 30 years and the amount proposed by the Petitioner for grant of lease is very meager as such the lease cannot be granted.
2. In the writ petition, the Petitioner has sought following reliefs:
“10.1 That this Hon’ble court be pleased to call for the entire records of the case from the respondent authorities and consider the same for the purpose of satisfying itself as to the legality of the impugned order/letter.
10.2 This Hon’ble Court be pleased to be pleased to issue a writ I the nature of certiorari quashing the impugned order/letter dated 28/12/2011 (Annexure P-1).
10.3 That this Hon’ble Court be pleased to issue a writ in the nature of mandamus directing the respondent authorities to allot the open roof of Arpa Complex, measuring 5,690 square feet to the petitioner.
10.4 That in the alternative, the petitioner prays for a dir
The court held that once a bid is accepted in a public auction, it cannot be invalidated based on subsequent complaints without evidence of fraud or collusion.
The court clarified that the amendment to Section 148(3) of the Municipal Corporations Act is prospective and does not apply retroactively to existing lease agreements.
If the impugned auction is not interfered with, it would amount to upholding partial auction and permitting perpetuation of illegality, which would be contrary to the Act and the Rules.
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
(1) Whenever there is such a business/commercial transaction, it is always to be examined on commercial principles where equity has no role to play.(2) Where lease deed was to be compulsorily registe....
The court examined the power of judicial review under Article 226 of the Constitution of India and concluded that the direction for a public auction was not unreasonable, considering the need for fai....
Administrative authorities must apply the principle of equality under Article 14, ensuring consistent and fair treatment, particularly in cases of similar circumstances and rights related to governme....
The court affirmed that the state’s discretion in amending tender conditions is valid if it serves public interest, and a petitioner does not hold a vested right to lease renewal under changing condi....
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