MUNICIPAL COUNCIL, PULGAON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT . Heard finally with the consent of the learned Counsel for the parties.

(2.) THE appellants have put to challenge the judgment and order dated 21/3/2012 passed in Writ Petition No. 4331/2009 by which the learned Single Judge dismissed the writ petition filed by the appellants.

(3.) LEARNED Counsel Shri Kaptan alternatively contended by placing reliance on the judgments of the Supreme Court in Akhil Bhartiya Upbhokta Congress vs. State of Madhya Pradesh and others (2011) 5 SCC 29) : [2011 ALL SCR 1051] and Rajureshwar Associates vs. State of Maharashtra and others (2004) 6 SCC 362) : [2004(5) ALL MR 1204 (S.C.)] that the public utility plot should be allotted only by public auction and not otherwise and, therefore, allotment of plot to the respondent no.4 School was illegal and contrary to the said judgments. He then argued that the order dated 4/8/2004 passed by the State Government was the subject matter of challenge in the earlier writ petition and that writ petition was withdrawn in view of the statement made by the State Government that the objections of the appellants would be re-considered by the State Government, but that was not done.