(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: