w :: F- f'y-^-^> IN THE fflGH COURT OF JUDICATURE AT BILASPUR WRIT PETITION (0 NoS^S/2007 PETITIONER y^. ^'^1^'°" <?«^' ^•••'" Nand Kumar Madharia S/o Shri.Top Singh Madharia Aged abour 52 years, Shanti Nagar, Bhilai-3 Distt Durg (C.G.). VERSUS RESPONDENTS :- \-^ SfateofChhattisgarh, Through its Secratery Dept. ofUrbanDevelopment D.K.S. Bhawan, Mantralay, Raipur (C.G.) 2.'^" The President Municipal Council Bhilai-Charoda ^Distt-Durg (C.G.) 3. The ChiefMunicipal Officer Municipal Council Bhilai-Charoda Distt- Durg (C.G.) WMT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSVANCE QF APPROPRIATE WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARU. MANDAMUS ETC. t^^ r. •(- HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) N0, 5668 QF 2007 Petitioner Nand Kumar Madharia Versus Respondents State of Chhattisgarh & Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB : Hon'ble Mr. Satish K. Agnihotri, J.) Present:- ,'Shri Uttam Pandey, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State. Shri A.S. Kachhwaha, Advocate for the respondent No.2& 3. ORDER(ORAL) (Passed on 02nd day of December, 2010) 1. Heard learned counsel for the parties. 2. Shri Kachhwaha, learned counsei appearing for the respondents No.2 & 3, submits that the cut off price for each shop was fixed for ? 85,000/-. The auction could not fetch the maximum price and, as such, by resolution dated 27-10-2006 (Annexure R-2/5), the allotment of 37 shops jn question by auction was cancelled and it was decided to re-auction the same. 3. Some of the participants approached this Court by filing writ petitions. In one of the writ petition being W.P.(C) No.169 of 2007, this Court decided the issue holding that the Niharika Vyavasaik Parisar Kalyan Samiti was registered society and was not a party of the auction proceeding. Thus, the society has no right to raise any grievance and accordingly, the petition was dismissed summarily. 4. Thereagainst, wrif appeal being W.A. No.48 of 2007 was filed and the same was dismissed by a Division Bench of this Court //^~^ \ 1 ^Sl^;aa 3 ^ •'.ie-..'" yg ^" .£/ !..<?•' 6. 7. as not pressed, on 09/08/2007. During pendency of thl petition, no auction could take place. The plots are still available for allotment by auction. Shri Pandey, learned counsel appearing for the petitioner submits that he has no objection, if the plots are allotted on auction. The petitioner may be granted liberty to participate in the action proceedings. Shri Pandey further submits that since the petitioner has already deposited some money, the same may be adjusted with the amount, which may be required for depositing as security. Shri Kachhwaha, readily agree with the proposal and submitted that the said amount will be adjusted in the next auction proceeding, as and when the same takes place. ^ In view of foregoing, the writ petition stands disposed of. Respondent No.2 & 3 are at liberty to prcceed with the allotment of the shops in question by auction, in accordance with law. No order asto costs. ,— Sd/- Satish K. Agnihotri Judge