AMIT KRUPASHANKAR SHARMA Vs. COLLECTOR, PANCHMAHALS

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) This petition is filed under Articles 226 and 227 of the Constitution of India with the following prayers.

(3.) The issue is in narrow compass. The Court, therefore, passed the following order on 18.1.2018 and had to keep the matter today in view of the peculiar facts that the entire tenure of the usage of the ground would over by 4.2.2018 and unfortunately, respondent No.1 had kept the hearing on 7.2.2018 i.e. after the period is over which would have rendered the entire exercise infructuous and left the petitioner without any remedy whatsoever. The said order is reproduced herein below. "Learned counsel for the petitioner mentioned this matter in the morning for seeking urgent circulation today itself on account of the fact that on-going Handy Craft Expo is affected on account of the order passed by respondent No.1 without affording any opportunity whatsoever to the petitioner and the petitioner's attempt to seek audience from the concerned failed. The Court accordingly granted permission and the matter was permitted to be circulated today itself and thus it has been listed after recess. Learned AGP Mr.Raval submits that this matter may not fall under the contract or the matter arising out of the contract as the rent agreement on which reliance is placed is cancelled by the Nagarpalika as it could be seen from pages 36 and 40. To which, learned counsel for the petitioner submitted that even on earlier occasion also, the contract matters which were dealt with by the Division Bench has occasioned to make the orders on the subject matter of very same land and the order is placed at page 45 on which even reliance is placed by the concerned respondent No.1 also for passing the order impugned. We are of the view that the matter and the facts narrated thereunder would leave no manner of doubt to hold that the matter is arising out of the contract and prima facie, it would be a matter relating to the contract and the tender. Learned counsel for the petitioner invited the Court's attention to the facts which indicate that the matter pertains to the open ground popularly known as "Lal Bagh" falling within the area and jurisdiction of Godhra Municipality and in order to see to it that the same is given to the interested party after following the procedure of law. This Court in a writ petition being Special Civil Application No.6971 of 2009 passed the order on 13.7.2009 observing that respondent Nos.2 and 3 therein should ensure that before granting permission to party for utilizing the ground in question, appropriate guidelines could be framed and published in advance so that intending applicants should know them very well in advance. Learned counsel appearing for the petitioner invited Court's attention to the guidelines framed at page 25. Learned counsel for the petitioner also invited Court's attention to the notice inviting offers under which it was attempted to make to permit to the interested parties to use the ground for a period of three months. The petitioner, accordingly, participated in that proceedings by making requisite deposit of Rs.25,000/- as could be seen from the proceedings related at page 23. The said auction was postponed to 9.1.2018 at 3.00 O'clock. However, participating parties urged the Chairman that two members were interested in obtaining ground for 5.1.2018 to