AMIL RASHID Vs. NAGAR PANCHAYAT AJUHA

JUDGEMENT

(1.) The petitioner contends that being the highest bidder In the auction held for collection of Tahbazari within municipal area of Nagar Panchayat, AJuha and having completed all formalities including deposit of one-fourth amount being the first Instalment and making several representations, formal grant is not being made and the petitioner is deprived of collection of Tahbazari. Petitioner also challenges the order dated 19.5.1999 passed by the District Magistrate on a contention that the District Magistrate has no power to intervene in the matter of such grant by the Municipal authorities.

(2.) As only question of law has been raised, learned standing counsel agreed to final disposal of the writ petition at this stage without filing a counter-affidavit.

(3.) Mr. H. N. Singh. learned counsel for the petitioner contended that the Nagar Panchayat authorities are required to function on their own and in the matter of collectlort of Tahbazari after the auction is held and the petitioner is selected as the highest bidder and he completes requisite formalities, the Nagar Panchayat authorities are required to complete the grant and the District Magistrate has no power to Intervene at this stage directing stoppage of collection of Tahbazari on the alleged ground of absence of approval by the District Magistrate as the District Magistrate has no power to grant approval in respect of such grant by the Nagar Panchayat authorities. Learned counsel for the petitioner referred to Section 96 of United Provinces Municipalities Act, 1916. as amended up-to-date and also the powers of the Municipalities as provided by the said Act and the provisions of law as contained in Article 243W of the Constitution of India.