BHARAT KUMAR PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE above writ petitions are being disposed of by this common order as in all these petitions the common question is involved for adjudication. However, W.P. (C) No. 2356/08 is taken as a leading case and facts of this case are dealt with in this order.

(2.) BRIEFLY stated facts of the case are that the respondent No. 2 issued an auction notice dated 13-1-2007 (Annexure P-6) in the newspaper for sale of 29 plots by public auction (17 plots of HIG Group & 12 plots of MIG Group). The petitioners participated in the auction held on 31-1-2007 and they were declared highest bidders for Plot Nos. MIG 26, 20, 22, 23 respectively. The reserved/upset price was fixed at Rs. 3,64,000/-, whereas, bids of the petitioners were at Rs. 4,92,000/-, Rs. 4,60,000/-, Rs. 4,99,000/- and Rs. 4,91,000/- respectively. The Mayor-in-Council of respondent-Corporation accorded approval to the offer of the petitioners on 19-3-2007 vide Annexure P-3, which was subsequently approved by the General Body of the Corporation on 29-3-2007 vide Annexure P-4. Thereafter, the matter was forwarded to respondent No. 1 vide Annexure P-7 for its approval as required under Section 80 of the C.G. Municipal Corporation Act, 1956 and C.G. Municipal (Transfer of Immovable Properties) Rules, 1994. However, respondent No. 1 accorded approval of the auction only for 20 plots out of 29 auctioned plots and cancelled the auction for remaining 9 plots vide order dated 3-12-2007 of Annexure P-1 on the ground that highest bid received in the auction for remaining 9 plots is less.

(3.) THE questions for consideration in these petitions are: