Allahabad High Court
Neeraj Jain And 3 Others vs State Of U P And 3 Others on 9 January, 2023
Bench: Sunita Agarwal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 35011 of 2022
Petitioner :- Neeraj Jain And 3 Others
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Rajendra Kumar Pandey,Gaurav Tiwari
Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra
Alongwith
Case :- WRIT - C No. - 28974 of 2022
Petitioner :- Smt. Asha Rani And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Niklank Kumar Jain
Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra,Vikrant Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties and perused the record.
As the issues raised herein (in both the writ petitions) are identical, they have been heard together and decided by this common judgment.
The petitioners in both the connected writ petitions claimed to be applicants for allotment of shops in a complex known as 'Anupam Commercial Complex" developed by the Nagar Palika Parishad, Etah. Their submission is that the applications for registration/allotment of shop in the Complex in question were submitted by the petitioners in the year 2004 pursuant to the publication in the daily newspaper appended as Annexure '2' to the writ petition. The petitioners have also deposited registration fee/premium for allotment of the shop in question.
However, by a fresh advertisement dated 1st August, 2022, the Nagar Palika Parishad, Etah has notified for allotment of shops through the process of open auction.
A perusal of the public notice dated 1st August, 2022 of the public auction of the shops in the Complex in question indicates that it was intimated therein that 35 old tenants would be given preference in the matter of allotment of shops. None of the petitioners herein are old tenants so as to come within the meaning of the said clause of the public notice dated 1st August, 2022.
It is, however, sought to be submitted in the writ petition that there was no justification for respondent no. 3 to issue fresh notification for auction without giving opportunity to the applicants/allottees of the shops in question. It is sought to be submitted that with the deposit of the premium after deposit of the registration fee, the petitioners have acquired right, title and interest in the shops in question and the act of respondent no. 3 in putting the shops to open auction, is illegal.
In the counter affidavit filed on behalf of the Nagar Palika Parishad Etah, a categorical stand has been taken that allotment of shops in the year 2006 to the petitioners was in violation of the Government Orders dated 26.6.1978 and 26.7.1995 which provided for allotment of a public premises/shop by open auction. The submission is that in the auction proceeding, all those persons who have deposited money in the year 2006 along with their applications seeking allotment, would be given preference.
In the supplementary counter affidavit, reference has been made to the subsequent Government Orders dated 26.7.1995, 2.5.2011 and 27.6.2013 to submit that allotment of shops in question could only be made by public auction. It is also stated therein that on receipt of complaints with regard to the manner in which the allotment had been proceeded earlier, vide order dated 28.3.2022 an enquiry has been ordered. A seven members Committee has been constituted to complete the process for allotment of shops in Anupam Commercial Complex vide order dated 17.6.2022 which has laid down policy for allotment and the public notice dated 1.8.2022 has been issued pursuant to the said policy.
The notices were sent to the petitioners/applicants by respondent no. 3 on 6.10.2022 calling upon them to participate in the open auction in compliance of the order dated 23.9.2022 passed by this Court. However, none of the petitioners herein has participated in the fresh auction, the proceeding of which has yet not been completed.
It is pointed out by Sri Niklank Kumar Jain learned Advocate appearing for the petitioners in Writ-C No. 28974 of 2022 (Smt. Asha Rani And 2 Others vs. State Of U.P. And 3 Others) that the petitioners therein have participated in the auction.
Be that as it may, having noticed the above facts, we find that the petitioners herein are only applicants who had submitted individual applications for allotment of shops in a Complex which has been developed by Nagar Palika Parishad, Etah. No right or interest has been accrued in favour of the petitioners as on date by mere filing of the applications and deposit of registration fee/premium. The applications moved by the petitioners were subject to the decision of the competent authority which has now been taken, to allot the shops by public auction in consonance with the policy framed by the State Government vide Government Orders noted above, for allotment of public shops/complex/public building. No exception can be taken to the procedure adopted by respondent no. 3 for allotment of shops in the commercial complex in question by issuing the public notice dated 1st August, 2022, which provides for public auction for allotment. It is open for the petitioners to participate in the auction proceedings and the deposits made by them pursuant to the previous applications would be subject to the final allotment made in their favour, if any.
In any case, the allotment proceedings cannot be withheld for the stand of the petitioners herein that they had deposited the premium/registration money along with their individual applications. The procedure adopted by the then incumbent in accepting applications individually from the interested persons without putting the property for public auction was completely in violation of the public policy framed by the State Government.
For the aforesaid, we do not find any good ground to keep the present writ petition pending. The present writ petition is being disposed of with the observations that that the Executive Officer, Nagar Palika Parishad, Etah shall ensure completion of the allotment proceedings by public auction, strictly, in accordance with the public policy framed by the State Government in the matter of allotment, pursuant to the public notice dated 1st August, 2022.
The petitioners herein shall be at liberty to participate in the auction proceedings, in future auction. The petitioners who have already participated in the auction as per the statement of the learned counsel for the petitioners herein, shall be given due consideration.
In any case, the allotment proceedings of the shops in the Complex in question before auction shall be brought to its logical end, strictly in accordance with law, as expeditiously as possible, after giving due consideration to all eligible applicants.
After completion of the allotment proceedings, in case, the petitioners herein fail to get allotment of the shops in question, the deposits made by them shall be refunded with interest at the bank rate, in an expeditious manner.
The writ petitions are, accordingly, disposed of.
Order Date :- 9.1.2023
Brijesh
