PRAVEEN KUMAR SINGH Vs. NAGAR PALIKA PARISHAD DEORIA

JUDGEMENT

(1.) B. M. Lal, J. Heard Shri. W. H. Khan Learned Counsel for the petitioner on the question of admission and stay.

(2.) BY this petition under Art. 226 of the Constitution petitioner seeks an order, direction or writ in the nature mandamus commanding the respondents not to hold auction for granting the contract of Tahbazari rights of Nai Basti Sabjimandi, Deoria for the year 1997 - 98 rather to allow the petitioner to work the said contract on the deposit of Rs. 3,11,779. 50p. For the same.

(3.) HAVING heard Learned counsel for the petitioner and having perused the record it appears that nothing has been brought on record or suggested that settlement of such contracts by increasing 15 percent amount as stated above, is statutorily recognised mode or this mode finds place in the relevant statutory provisions made for regulating grant of such contracts. Secondly the said contract was not worked by the petitioner for the year 1996-97 nor was granted tot him rather it was granted to some Surya Nath Yadav. Therefore, even if some letter of Joint Secretary is there in favour of petitioner, that letter cannot overwrite the statutory provisions and fundamental provisions of Art. 14 of the Constitution of India.