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MATSYA JIVI SAHAKARI SAMITI LTD. THRU' PRESIDENT versus STATE OF U.P. THRU' PRINCIPAL SECY. & ORS.

High Court of Judicature at Allahabad

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Matsya Jivi Sahakari Samiti Ltd. Thru' President v. State Of U.P. Thru' Principal Secy. & Ors. - WRIT - C No. 41364 of 2004 [2005] RD-AH 92 (6 January 2005)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 41364 of 2004

HON'BLE YATINDRA SINGH, J

HON'BLE V.S. BAJPAI, J.

The auction of Nauka Ghat was held on 1.4.2004. It was given to the petitioner. He was also directed by the letter dated 1.4.2004 to operate it in anticipation of the acceptance from the Commissioner. The Commissioner subsequently by order dated 28.7.2004 disapproved the auction granted in favour of the petitioner, hence the present writ petition.

We have heard counsel for the petitioner and Standing Counsels for the respondent. According to  petitioner, he was permitted to operate the Nauka Ghat in anticipation of the approval and he has also deposited the entire money and as such the Commissioner ought to have given  an opportunity before disapproving his auction.   In the circumstances of the case, we grant liberty to the petitioner to make representation against the disapproval of auction dated 28.7.2004 within three weeks before respondent no. 2. In case the representation is filed, it may be decided by respondent no.2 by a speaking order, if possible, within one month from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self-addressed envelope along with his representation.  Respondent no.2 after taking decision will communicate the same to the petitioner. Till the disposal of representation the order dated  28.7.2004 shall remain in abeyance. It is clarified that in case representation is not filed within three weeks the order of abeyance will automatically vacate.

With these observations the writ petition is disposed of.

Date: 6.1.2005

BBL

Let a certified copy of this order be issued within three days on payment of usual charges.

Dated: 6.1.2005


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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