ARUN KUMAR CHAND Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel.

(2.) The petitioner has challenged the impugned order dated 29.3.2003, Annexure-5 to the writ petition and has prayed for a writ of mandamus directing the respondents not to hold fresh auction of Taxi stand, Gola bazaar, Gorakhpur.

(3.) It appears that the petitioner was one of the bidders in an auction having bid Rs. 1,70,000. The highest bidder did not deposit the auction money. The Chairman, Nagar Panchayat, made a recommendation to the District Magistrate, Gorakhpur vide letter dated 27.3.2003, Annexure-3 to the writ petition, recommending that the bid of the petitioner be accepted. However, the District Magistrate, by the impugned order has not accepted this recommendation and has ordered for fresh auction, which is going to take place tomorrow.