CHANDRESH SINGH Vs. DISTRICT MAGISTRATE CHAIRMAN

JUDGEMENT

(1.) PETITIONER has filed this writ petition challenging auction notice dated 11th February 1994 for holding auction of vehicle stand for the year 1994-95. The grievance of the petitioner is that although for the year 1993-94 has bid was accepted and the contract for the period from 1-4 1993 to 31-3-1994 was settled in his favour but he was permitted to carry on his business only from September, 1993 and in this manner petitioner could not carry on the business for full one year. In this, connection, petitioner claims to have made a representation/application dated 30-12 1993, a copy of which has been filed as Annexure No. 4 to the writ petition, whereby he has requested for permission to carry on his business for fall period of one year. This application, according to the petitioner, has not been decided so far. He has now filed this writ petition for quashing the notice for auction for the year 1994-95 and for writ of mandamus directing the respondents to allow him to continue and realise the vehicle stand charges upto month of August, 1994.

(2.) WHEN the statutory provision or the contract has specified the period of lease or contract upto a particular date it will come to an end automatically on that date In this connection reference may be made to the decision of division bench of this court in the case of Malkiyat Singh v. Cane Commissioner, 1992 (2) AWC 1009, wherein it was laid down as follows: The petition would be different if the statute has specified a particular date from which the period of any body or a right will commence. In this connection reference may be made to a Division Bench decision of Orissa High Court. in the case of Board of Management, Nayagarh Co-operative Land Development Bank Ltd. v. Deputy Registrar, Co-operative Societies, AIR 1983 Ori. 105. Relevant exract from this judgment is reproduced below :

(3.) HOWEVER, if the petitioner was not permitted to carry on his business for the period for which he was granted the contract due to any act of the respondents, it is open to him to move an application before them for proportionate refund He can also file a suit for this purpose and may under certain circumstances claim damages.