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Mata Prasad v. State Of U.P. And Others - WRIT - C No. 10139 of 2007 [2007] RD-AH 3846 (7 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the order dated 22.12.2006 passed by the Commissioner, Mirzapur by which the representation filed by the petitioner has been rejected.

The dispute in the present petition relates to the auction of Ferry Ghat. The lease has been granted in favour of private respondent No.8 and it is against the said grant of lease that the petitioner had filed a representation before the Commissioner. The Commissioner, by a detailed order has rejected the representation after considering each of the contentions raised by the petitioner.

Learned counsel for the petitioner submitted that respondent No.8 was a defaulter and,  therefore, was not entitled to the grant of lease and for the said purpose he placed reliance upon clause (2) of the Bye-laws of the Society which provides that a defaulter shall not be permitted to participate in the auction. The Commissioner has found that the respondent No.8 was not a defaulter of any of the dues of the Zila Panchayat though some amount towards stamp duty was to be realised from him. We are of the opinion that the said Bye-law cannot be read in such a manner to bring within its ambit any defaulter as the default should be in respect of the dues of the Zila Panchayat.

Learned counsel for the petitioner has not been able to point out any infirmity in the impugned order.

The writ petition is, therefore, liable to be dismissed and is, accordingly, dismissed.

Dt/- 7.3.2007



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