SHAKRTI NARAIN SINGH Vs. ANOOP SINGH

JUDGEMENT

(1.) This is an application filed by one Shakti Narain Singh praying for leave to appeal against the impugned order dated 5-3-04 passed by the Civil Judge (Senior Division), Banda. This application has been filed because the applicant was not a party in the Court below.

(2.) The dispute was regarding settlement of a Tehbazari contract by the Nagar Palika Parlshad. Atarra, district Banda in favour of the plaintiff respondent No. 1 Anoop Singh. It is alleged by the applicant that this contract in favour of Anoop Singh was granted by Nagar Palika Parishad, Atarra without holding public auction and without advertising it in well-known newspapers having wide circulation as is the legal requirement vide A. S. Advertising Co., Meerut v. Nagar Nigam, Meerut, 2001 (1) All WC 28 : 2001 All LJ 274, Gunnu v. District Officer, 2001 (3) All WC 2032 : 2001 All LJ 2009.

(3.) In Shri Shankar Transport Co., Etawah v. Managing Director, U.P. Raj Bhandaran Nigam, 2003 (3) All WC 2287 a division bench held that a time-bound auction cannot be extended as this extension violates Articles 14 and 19 (1) (g) of the Constitution.