Kadeer Jamal vs State Of U.P. And Others
2012 Latest Caselaw 249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 18170 of 2012
 

 
Petitioner :- Kadeer Jamal
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Azad Khan,S.M.A. Kazmi
 
Respondent Counsel :- C.S.C.,S.P. Singh
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

The amendment applicaiton as prayed is allowed. The petitioner may carry out necessary amendments within three days.

Learned counsel for the petitioner submits that in pursuance of auction notice, the petitioner was the highest bidder and his highest bid of Rs. 51,25000/- was accepted which was communicated by letter 30.3.2012. He submits that the petitioner deposited an amount of Rs. 20,00,000/- on 30.3.2012 and an agreement was duly prepared and submitted to the Nagar Palika Parishad. He submits that in pursuance of the Government order dated 30.3.2012 which directed that the contract be granted with the increase of 10%, the petitioner expressed his willingness to deposit the enhanced amount. He submits that again a Government order dated 2.4.2012 has been issued for cancelling the contract for the year 2012-13 and thereafter an order dated 5.4.2012 has been issued for starting fresh process for advertisement. He submits that a notice has been issued for holding fresh auction on 17.4.20112.

Shri S.P. Singh, learned counsel for the respondents submits that the contract infavour of the petitioner was never completed. He submits that all the formalities have been completed and there is no occasion to stop the auction which is being held in pursuance of Government order issued on 5.4.2012.

Learned counsel for the petitioner submits that the petitioner has already deposited an amount for Rs. 20,00,000/-. The petitioner is ready to pay the enhanced amount of 10% also. He has also prepared a Bank Draft amounting to Rs. 5,62,500/- which  has been produced in the Court. He submits that the petitioner has complied the terms and conditions and the petitioner has started realization of parking fee for Taxi stand from 1.4.2012 which clearly means that the contract was given effect. to He submits that this Court has already passed an interim order on 11.4.2012 in W.P. No. 17553 of 2012 raising similar issues.

Connect this petition with Writ(c) No. 17553 of 2012.

Counter affidavit filed by the respondent no.3, Nagar Palika Parishad is taken on record. The petitioner may file rejoinder affidavit by the next date fixed.

Put up this petition on 18.4.2012.

Till the next date of listing, no auction shall take place in pursuance of Government Order dated 5.4.2012.

Order Date :- 13.4.2012

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