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Rama Shankar v. State Of U.P. And Others - WRIT - C No. 26616 of 2006 [2006] RD-AH 9533 (15 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).


Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed raising the grievance that petitioner has installed a photo copy machine in the compound of Tehsil Sikandapur, District, Ballia after having the right to establish there being the highest bidder in auction. The term of the petitioners contract came to an end on 31/3/2006 and the  petitioner has been asked to vacate the premises vide impugned order dated 31/3/2006.

So far as the grievance of the petitioner is concerned as the term of the contract is over, he has no right to retain the possession of the premises unless the contract is extended or he gets  it again in auction. However, it is alleged that the contract has been settled in favour of the respondent no.5 without putting it to auction.  

Learned Standing Counsel Sri C.K. Rai, has submitted that the contract cannot be settled without putting it to auction after giving wide publicity as required in law. However, in the instant case, as the petitioner has already approached the District Collector, Ballia  for the same grievance, it would be desirable that the matter may be relegated to the District Collector and would be decided in accordance with law.

In view of the submissions made by the learned Standing Counsel, we dispose of the writ petition  requesting the learned District Collector, Ballia to examine the grievance of the petitioner after hearing the petitioner and the respondent no.5, and in case the contract has been awarded to the respondent no.5 without inviting the tenders or having the auction, he shall ensure that the contract is executed in accordance with law after having open auction and giving an opportunity to all the eligible parties. Final order is to be passed within a period of three weeks from the date of filing a certified copy of the order before him.




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