IC^-78 ^s^ -^ww^, •a-^\v'w, Kivftwy. air^?r t(?Hi C'pfy^i) 3VK •^gra-cafei STI^I ^!<it<n<<1*i ^mv^^^^ \-~- PETITIONER/: Plaintiff Smt. Amina Gauri, W/o Shri Ramjan Gauri, Aged about 50 years, R/o Kumharpara, Jagdalpur, District : Bastar (C.G.) Veitsus RESPONDENTS/: Defendant ^/Vrit Petition under Sinale Bench: ir Artic ton' Municipal Corporation Jagdalpur Through : The Commissioner Municipal Corporation, Jagdalpur, Distt-Bastar(C.G.) Municipal Corporation Jagdalpur, Through : The Secretary, Municipal Corporation, Jagdalpur, Distt - Bastar rticle 227 ofthe Constitution of Indja) 'ble MLJystice L.C. Bhadoo 04-01-2008:- Dr. D. Prakasham, coun^el for the petitioner. l-1eard. The petitioner has pref^rred this writ petition under Articte 227 of the Constitution of India questionindl the legalHy and correctness of the order dated 25.6.2007 passed by the 2 A^idl. District Judge, Bastar at Jagdalpur in Misc. Appeal No. 8/2007 whereby tea^ned Addl. District Judge upheld the order of Civil Judge, aass-11 dated 30th April,| 30 Rute 1 & 2 and Section 151 Cocte'). Brief facts leading to ffling of this vmt petition are that respondent Municipal Corporation, Jagdalpijir, decided to auetionthe shops constructed by the respondent in open auctio(i proceeding. They invited bids vide notification dated 2.2.2007, in purauance ot 2007 rqecting the applteation filed under Order of the Code of Chril Procedure (for sftort "ffie that auction proceedings were held on 9.2.2007. flti' -<J m - -u^i 3IK^?iI' ^ \- ^ ^ 3=5ET ^li^ll^, 0Tfl^'l(S, [sttT'il+iy •?<mR'^?gsn^i qrfOT^ Timaf •if.ls'zT ihwK ^ -•2--i lidn In that auction proceedings petitj Rs.4,49,000/- as auction price o( resolution dated 21-3-2007, as Ht herein. Being aggrieved by the] civil suit atong with an applicati^n temporaiy injunction challenging Judge after hearing both the injunction. Being aggrieved by t| appeal before the District Judge, Judge and leamed Additional Di^ that prima facfe balance of com herein. Having heard learned cou< and conditions of the auction prix] in the said auch'on proceeding the terms and conditions contehi Commissioner, Municipal Corpor^ti modify the bid of any bidder for petitiona' vras not found t'n the it Council did not accept the bid. Corporation and it has exerdsed flnd any jurisdictional error has not been abte to make out a 227 ofthe Constitution of India. In the result, the petition and it is hereby dismissed. oner hwein participated in the bid. He offered shop No.A-2, but the IVIayor-in-Council vide its sm No.8, did not accept the bid of the petitioner >aid dedsion, the petitioner herein preferred a under Orda- 39 Rule 1 & 2 of the Code for the decision of Mayor-in-Council. Leamed Cwil larties rqectedthe ap^teation for temporaiy te said order the petitioner herein preferred an same was transferred to the AddHional Disfrict trict judge dismissed the appeal on the ground inience did not lie in favour of the petitioner (iset for the petitioner, 1 have perused the terms ^eedings. The petitioner herein by participating adpepted those terms and conditions. T»m25 of contehiplates that it js wtthin competence of the orpor^tion, Jagdalpur, whether to accept or rqect or Ui\e shop. In the present case, since bid of the (terest of the Municipal Corporation, Mayor-in- 'erm 25 gives absolute right to the Municipal the pqvwrs vested with it. Thwefore, 1 do not comnr|itted by both the Courts below. The petitioner ^ase for interference by this Court under Article ^eing devoid of merit is liaUe to be dismissed Sd/- L.C.Bhadoo Judge D ^ vff~J^