Allahabad High Court
Rajendra Singh vs State Of U.P And Others on 20 July, 2021
Bench: Sunita Agarwal, Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 14740 of 2021
Petitioner :- Rajendra Singh
Respondent :- State Of U.P And Others
Counsel for Petitioner :- Abhay Krishna Singh
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner. Sri Saurabh Tiwari, learned Advocate appearing for the respondent nos. 4 and 5 and learned Standing Counsel for the State-respondents are present.
Admitted facts of the matter are that the shop initially allotted to the petitioner by Nagar Palika Parishad, Jaswant Nagar, Etawah had been demolished in the year 2005 on account of road widening.
It appears that in the year 2019 after a period of approximately 14 years the petitioner had approached this Court seeking mandamus commanding the respondents to allot one newly constructed shop within the jurisdiction of Nagar Palika Parishad, Jaswant Nagar, Etawah. The said writ petition has been disposed of vide judgment and order dated 05.08.2019 in the following manner:-
"Heard Sri Abhay Krishna Singh, learned counsel for the petitioner and Sri Saurabh Tiwari, learned counsel for the respondent.
The petitioner has prayed for the following reliefs:
"1- Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to allot one shop constructed near Highway Chauraha at Tanki Campus, Jaswant Nagar, District Etawah i.e., annexure no. 7 to the writ petition.
2- Issue a writ order or direction in the nature of mandamus directing the respondent no. 5 to decide the representation of the petitioner dated 5.7.2019, during the pendency of the instant writ petition before this Hon'ble Court otherwise the petitioner shall suffer irreparable loss and injury.
3- Issue any other writ order, or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
4. Award cost of the writ petition in favour of the petitioner."
Learned counsel for the petitioner submits that the petitioner was allotted shop by the Nagar Palika Parishad, Jaswant Nagar but for widening of the road the said shop was demolished and he was assured that whenever fresh shops are constructed, he would be allotted a new shop.
Learned counsel for the petitioner states that though the shops have been constructed and yet, the petitioner has not been allotted new shop.
Learned counsel appearing for the respondents no. 4 and 5 states that if the petitioner moves an appropriate application the same will be considered as and when the steps are taken for allotment of newly constructed shops.
The petition is disposed of accordingly."
By means of present writ petition the letter issued to the petitioner on 15.03.2021 by the Executive Officer, Nagar Palika Parishad, Jaswant Nagar, Etawah has been challenged. The challenge is to the auction notice issued by the Nagar Palika Parishad for allotment of the newly constructed shops.
The contention of the learned counsel for the petitioner is that it was incumbent upon the Executive Officer to comply the directions issued by this Court for allotment of the newly constructed shops on the application moved by the petitioner. The petitioner cannot be asked to participate in the auction for allotment of the shop, inasmuch as, previous allotted shop had been demolished on account of road widening. This submission of the learned counsel for the petitioner is found devoid of force, inasmuch as, the allotment of shops by Nagar Palika Parishad can only be made through a public auction. There is no other way to allot the shops let out by the Nagar Palika Parishad. It is open for the petitioner to participate in the auction.
As regards the assertions of this Court in the order dated 05.08.2019, we may note that in view of innocuous prayer made by the petitioner, it was directed therein to approach the competent authority by moving proper application. That order by itself would not create any right in favour of the petitioner to seek allotment of the shop by any other mode than the prescribed one.
For the aforesaid, no infirmity can be found in the decision of Nagar Palika Parishad. The writ petition is devoid of merit. Hence dismissed.
Order Date :- 20.7.2021
gp
