f^T HM3H COURT OT CHMATTISOARH AT BILASPUR DB: Hon'bte Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ. WritAopeal No. 2KM2010 APPELLANT Petitioner Respondents Non-Applicants Bhagirathl Yadav, S/®.Vasucteo Yadav, aged about 48 yeare, R/o. ChhatUsgarh Sabji Mandi, Ruabandha, Bhilai, Distt. Ding (C.G.) Managing Director, Bhital Steal Plant. Bhilai, Distt. Durg (C.G.) ExecuUve Diredor, Bhilai Sted Plant, Distt. Durg (C.G.) Manager (T.S.D. — Shop) Town Services Department Bhilai Steel Piant, Bhiiai, distt. Durg (C.G.) Assistant General Manager, CT.S-D. - Shop) town Senrices Department, Bhiiai Steel Piant, Bhilai, Distt Durg (C.G.) (WritADpeai under Section 2(1) ofthe Chhattisaarti Mlah Court (Appeal to Dmston Bench).Act2006. Vs. 1. 2. 3. 4. Present: Shri Vipin Twvari, counsei for the appeltent. Dr. N.K. Shukfa, Sr. Advocate wtth Shri B.D. Guru. counsel Tor the respondents. Shri R.B. Sharma, counsel fw the inteivenor. ORAL ORDER (27.07.2010) The wnt appeal is direrted against the oral wder dated 2Sf^ June, 2010 passed in Writ PeUtton (C) No.33/2010, whereby, writ petttion flled ty the petiUoner seeking direction to the respondents to allot a particular sliep to ttie petitioner and quash the order dated 30*^ December, 2009, whereby tt is decided to allot shops to the peBUoner atong with othere by way of draw of Irttery and <w altotment of shops as per updated list (Annxure-P/7), has been dismtssed. 2. Leamed counsel for the appetlant submits that ttie respondents coutd not have resorted to the procedure of allotment of shop by draw of lottery as ttie ^ ~^, i-^ ^.-^^Si^ \^ ^eaSi^s, S "'^gi-?1' --S jf ,.,.^,// ^^ 'tff.-^' allottees were never apprised by the respondent about such procedure when Vwy submiUsd their offer and deposited money. This aspect hss nc* been considered in the impugned order. 3. Having heard leamed counsel for the appellsmt, having perused the impugned order, we find that ttie appetlant as ateo othere had opted for dtotment of shops as per condtUons latd down by the respondent-company. There was no any formal order bf altobnent by ths Company in favour of the petttioner or for that matter, the other applicants. However, teamed Singte Judge, considering that no speGific shop was allotted to the pettUoner, mere merrtk)ning of a number in the receipt, which did not flnd ptace in the communication dated 22.5^010, does not entitle the petiUoner to altotment of a partieular shop, and further consictering that the allotment of the shops through draw of lottery shall avoid fevoritism, discrimination and nepotism, has passed the imfwgned order and dismissed the petition. We find no illegality or tnfirmity in the impugned order; ttie appeal is wittout any substance, the same deserves to be dismissed and is, accordingly, dismissed.. __-— Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge