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2019 Supreme(SC) 1029

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
Municipal Council Neemuch – Appellant
Versus
Mahadeo Real Estate – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Harsh Parashar, AOR
For the Respondent(s): Mr. Uday Gupta, Adv. Ms. Shivani Lal, Adv. Mr. Hiren Dasan, Adv. Mrs. Sarla Chandra, AOR Mr. M.K. Tripathi, Adv. Ms. Jennifer John, Adv. Mr. Rahul Kaushik, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeals challenge the Judgment and Order passed by the Division Bench of the Madhya Pradesh High Court, Bench at Indore, dated 31.08.2017 thereby allowing the writ petition filed by respondent No. 1 herein and the subsequent Order dated 05.07.2018 thereby, rejecting the Review Petition filed by the appellant.

3. The factual background, in brief, giving rise to the present appeals is as under:

The appellant, which is a Municipal Council, duly constituted under the Madhya Pradesh Municipality Act, 1961 (hereinafter referred to as the “said Act”) had invited tenders for allotment of land on lease, for a period of 30 years. The land was admeasuring 163176 sq. ft. situated in Scheme No. 1A (Commercial-cum-Residential Use), Neemuch. The Notice Inviting Tenders (“NIT” for short) was published in the daily newspapers, viz. Nai Duniya, Dainik Bhaskar, Free Press and Dashpur Express. Respondent No. 1, which is a registered partnership firm along with other bidders had submitted the tender thereby giving an offer of Rs. 5,81,00,106/-. It had also deposited the earnest money amounting to Rs. 47,00,000/-. The bids of the participants were op

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