BABLOO Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri Rahul Jain, learned counsel for the petitioner, learned Standing Counsel for the State respondent and Sri Ujjwal Satsangi holding brief of Sri Kartikeya Saran, learned counsel for the respondent nos. 2 and 3.

(2.) This writ petition has been filed praying to quash the advertisement dated 20.03.2020, the order dated 16.03.2020 passed by the Mandi Secretary, Agra and the order dated 26.02.2020 passed by the allotment committee with the approval of the District Magistrate, Agra.

(3.) Briefly stated the facts of the case are that the bids were invited pursuant to a tender notice after publication in daily newspapers for open auction of 43 shops for allotment at Mandi Sthal Barauli Ameer, Agra. In respect of the seven shops reserved for scheduled castes, only five firms, including the petitioner, submitted their bids. The petitioner submitted a bid of Rs. 16,15,000/- in the name of his concern M/s K.G.N. Trading Company. The Allotment Committee, upon considering that the number of applicants was less and competitive bids were not submitted, which had resulted in the bids having been submitted for lesser amount, took a decision not to accept the highest bids submitted in respect of the shops reserved for the scheduled caste category. A resolution in this regard was passed on 26.02.2020 which was approved by the District Magistrate, Agra on the same date. The consequential impugned order dated 16.3.2020 was issued by the Secretary of the Krishi Utpadan Mandi Samiti, Agra. Aggrieved by the aforesaid order and a fresh advertisement notice dated 18.01.2020, published on 20.03.2020 inviting bids, the petitioner has filed the present writ petition.