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2002 Supreme(All) 1794

M.KATJU, K.S.RAKHRA
ZIAUDDIN – Appellant
Versus
COMMISSIONER – Respondent


Advocates Appeared:
A.M.Zaidi, Chandan Sharma, Deo Raj, SUNEET KUMAR, U.N.Sharma


M. KATJU, J.

( 1 ) THIS writ petition has been filled against the impugned order dated 14. 5. 2002 Annexure-1 to the writ petition.

( 2 ) HEARD learned counsel for the parties.

( 3 ) IT has been alleged in the writ petition that the Nagar Palika Parishad, Chandpur, Bijnor in its meeting held on 18. 3. 2002 decided to hold auction for giving various contracts. The advertisement for the auction was published in the newspaper bijnor Times and also announced by loudspeaker. Photocopy of the auction notice is Annexure-2 to the writ petition.

( 4 ) IN paragraph 6 of the writ petition, it is stated that on 26. 3. 2002 all auctions were held but as far as the auction of the right to collect Tehbazari is concerned, it appears that no auction was held on the basis of the said advertisement or any other advertisement. Hence, the matter was referred to the Nagar Palika Parishad which in its meeting held on 30. 3. 2002 considered the report of the auctioning officer and scrutinized the various applications and accepted the highest offer of Rs. 12 lacs given by the petitioner. True copy of the proceedings of the Nagar Palika parishad dated 30. 3. 2002 is Annexure-4 to the writ petition.

( 5 ) IT









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