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2013 Supreme(All) 1184

PRAKASH KRISHNA, MANOJ KUMAR GUPTA
SANJAY KUMAR GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
G.K. Malviya and G.K. Singh for the Petitioner; C.S.C., A.K. Pandey and Ajay Rajendra for the Respondents.

JUDGMENT

By the Court.—By means of the instant writ petition, the petitioner has prayed for a writ of certiorari quashing the citation dated 1.12.2009 issued by the Tehsildar, Mawana and the order dated 1.10.2009 passed by the Executive Officer, Nagar Palika Parishad, Mawana (Meerut), and the recovery proceedings in pursuance thereof.

2. The petitioner is the highest bidder in an auction for collection of the entry fees/parking fees, from vehicles entering the municipal limits of Nagar Palika Parishad, Meerut. The bid of the petitioner was accepted by the Executive Officer, Nagar Palika Parishad, Mawana, Meerut by order dated 1.4.2008 and whereunder he was required to deposit 25% of the bid amount on or before 8.4.2008. The petitioner claims to have deposited a total sum of Rs. 10,90,940/- in three installments, i.e., on 26.3.2008, 14.5.2008 and 30.5.2008. The petitioner further contends that although he had deposited the requisite sum and the papers for execution of formal contract but no written contract was executed. He claims to have collected entry fees/parking fees during the months April, May, June and July, 2008, but thereafter he could not collect the entry fees/parking fee

















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