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RAGHU NANDAN versus STATE OF U.P. THRU' SECRETARY, MINI. OF LOCAL SELF & OTHERS

High Court of Judicature at Allahabad

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Raghu Nandan v. State Of U.P. Thru' Secretary, Mini. Of Local Self & Others - WRIT - C No. 29083 of 2006 [2006] RD-AH 10102 (23 May 2006)

 

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

                        Court no. 1

Civil Misc. Writ Petition no. 29083 of 2006

Raghu Nandan . . . versus   . . . State of U.P. and others.

  ---

Hon'ble Yatindra Singh,J.

Hon'ble R.K.Rastogi,J.

This is a writ petition against order dated 28.1.2006 passed by respondent no. 2 .

We have heard counsel for the petitioner, the Standing Counsel and Sri Tahbin Islam for the  respondents.

According to the petitioner lease of the plot in question was granted to him  for agricultural purpose for a period of three years in March, 2003. A notice for its fresh auction for a period of three years was published  and 24.1.2006 was fixed for auction. On this date  auction took place  and the petitioner's highest bid of Rs.45,000/- was accepted and he deposited the entire money. Respondent no. 2 on 28.1.2006 without cancelling the auction and without any notice to the

petitioner  granted lease of the above plot to respondent no. 4 for a period of three years for Rs.51,000/-, hence the present writ petition.

The petitioner is permitted to implead the Commissioner, Moradabad Division, Moradabad as respondent no. 6.

In the circumstances of the case,  it would be appropriate that the petitioner may file a fresh representation before respondent no. 6. In case the representation is  filed, it  may be decided  by the  said respondent by a reasoned order at an early date,  if possible,  within three months 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 the representation. The concerned   authority after taking decision will  communicate the same to the petitioner.  The respondent no. 6 before  passing any order on the petitioner's representation will also give  an opportunity of hearing to respondent no. 4.

With these observations, the writ petition is disposed of.

Dated: 23.5.06

RPP.


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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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