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