SUSANT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prem Shanker, learned counsel for the petitioners, Sri H.P.Srivastava, learned Standing Counsel for the State-respondent nos. 1 and 3 and Sri N.C.Mehrotra, learned Counsel for the respondent nos. 2, 4 and 5.

(2.) By means of the instant petition under Article 226 of the Constitution of India, the petitioners are seeking for quashment of the impugned auction notice dated 02.11.2019 issued by the respondent nos. 3, 4 and 5 so far as it relates to shop no. 7, 8, 12, 17 and 18 situated at Vibhuti Khand, Gomti Nagar, Lucknow as well as ante-date cancellation orders issued as against the petitioner nos.1 and 2 on 10.10.2019 (posted on 05.11.2019, received on 06.11.2019) and cancellation order dated 23.10.2019 (posted on 05.11.2019 received on 06.11.2019) respectively alongwith other reliefs.

(3.) The petitioners' in whose favour the allotment of shops were made through an auction pursuant to the advertisement dated 15.11.2019 in daily newspapers whereby inviting tenders and kiosk in first modern Wholesale Pusp Mandi Apna Bazar Vibhuti Khand, Gomti Nagar, Lucknow on certain conditions, thereafter allotment letters were issued in their favour on 11.01.2010. One of the allotment letter/order is at page 41 of the paper book and condition nos. 3, 4 and 5 reads as under:-