RAJESH VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the Petitioners seek to quash the order dated 14-7-2003 (Annexure P/6), and orders dated 26-11-2002 and 20-2-2003 (Annexure P/5). Further, a direction to the Respondents to renew the agreement of the Petitioners for a further period of 30 years according to the provisions of law. The Petitioners also seek a direction to the Respondents to take nominal charges towards rent instead of Rs. 250.00

(2.) The indisputable facts, in nutshell, as projected by the Petitioners, are that the Nagar Panchayat, Chhuikhadan, issued an advertisement in the year 2000 inviting applications for auction of 21 proposed constructed shops at Chhukhadan weekly market for a period of three years. The proposed Government rate was Rs. 75,000.00 or more depending on the size of the shop. The successful bidder was required to deposit 50% of the amount within three days and remaining 25% amount, thereafter and last instalment of 25% amount before delivery of the shop. In the tender form, there was a condition that after delivery of the shop the auction purchaser would enter into a lease agreements (Annexure P/3 colly).

(3.) According to the Petitioners, the Petitioners were the highest bidders in the auction process and accordingly, they deposited the requisite amount and executed agreement with the Respondent authorities, as is evident from Annexure P/2. Thereafter, the Petitioners have been paying the rent without any default. On account of some audit objection, -the Collector of Stamps, Rajnandgaon issued a notice to the Petitioners, directing them to deposit the stamp duty at the rate of 7 1/2% on the value of the lease deed in lieu of 4%.