ARUNODAYA MAGASWARGIYA MAZDOOR KAMGAR SAHAKARI SANSTHA LTD Vs. STATE OF MAHARASHTRA, THROUGH THE SECRETARY

JUDGEMENT

(1.) HEARD learned Counsel for the parties. By their consent, Writ Petition is taken up for hearing at the stage of admission by issuing Rule, making it returnable forthwith.

(2.) BY this petition filed under Article 226 of the Constitution of India, the petitioner-Labour Cooperative Society, registered under Maharashtra Cooperative Societies Act, 1960, has challenged the auction of Sand Ghats at Sr. No.53 and Sr. No.56 of Tahsil Saoner, District Nagpur.

(3.) THE facts are not much in dispute. The respondent nos.1 to 3 had held e-auction of various Sand Ghats and as per their policy decision dated 25/10/2010, all Sand Ghats need to be auctioned on a single day. Accordingly, sand ghats were divided into suitable lots and advertisement was issued which notified 22/12/2012 as the date on which four lots were to be e-auctioned. Karaj Ghat-A is included in Lot No.4 while Waki-A is included in Lot No.1. The petitioner participated in those auctions. The time schedule for Lot No.1 was 1 'O clock in after noon till 2:00 p.m. with three automatic extensions to enable the competing bidder to increase his bid if a higher bid was received before 10 minutes of the scheduled time of closure i.e. 2:00 p.m. Lot No.4 has been auctioned in the evening between 7:00 p.m. to 8:00 p.m. with three similar automatic extensions of 10 minutes each. The petitioner has in this background urged that when purpose of eauction was to enable the State Government to procure highest price, the introduction of time limit in the process is arbitrary as it militates with said object. It is the contention that an auction must be permitted to come to its logical end by enabling all competitors to bid till they wish and till the highest bid comes on record. Thus, introduction of closure time of 2:30 for Lot No.1 or then 8:30 for Lot No.4 after three extensions is questioned as unsustainable and arbitrary.