SUSHIL KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Devendra Kumar Upadhyaya and Rakesh Srivastava, JJ. - Heard Shri Ramesh Pandey, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State respondents, Shri Ram Raj, learned counsel appearing for Zila Panchayat, Sultanpur and Shri H.S. Tiwari, learned counsel for respondent No. 6.

(2.) The petitioners have instituted these proceedings under Article 226 of the Constitution of India assailing the validity of the order dated 29.05.2017, passed by the Additional Chief Secretary, Department of Panchayati Raj, whereby allotment of shops made in favour of the petitioners by Zila Panchayat, Sultanpur has been cancelled.

(3.) It appears that pursuant to some auction notice issued by the Zila Panchayat, the petitioners had participated in auction proceedings for allotment of shops and accordingly being the highest bidders, allotment of shops in their favour was made by the Zila Panchayat. Pursuant to the said allotment, an agreement was entered into between the petitioners and Zila Panchayat on 15.12.2015 and consequently the petitioners have been running the said shops.