SANJAY AGRAWAL Vs. M.P. HOUSING AND INFRASTRUCTURE

JUDGEMENT

(1.) The present petition has been filed by the petitioner assailing the decision of the respondent nos. 1 and 2/ Housing Board dated 24.12.2011 whereby they have informed the petitioner that his bids for Plot no. 696-B and 696-C have not been accepted.

(2.) The brief facts leading to the filing of the present petition are that the petitioner submitted offers pursuant to the advertisement issued by the respondents/Housing Board dated 16.09.2011 whereby the respondents/Board had put up for auction plot nos. 696-B, 696-C, 696-D (corner) 696-E, 696-F (corner). The offers were opened on 07.10.2011 and the petitioner was found to be the sole bidder for plot no. 696-B and 696-C. It is pertinent to note that the petitioner had offered Rs.72,40,000/- for plot no. 696-B against the offset price of Rs.71,43,000/- and Rs.74,20,000/- for plot no. 696-C against the offset price of Rs.71,97,000/-. The petitioner, by the impugned communication dated 24.12.2011 was informed that his offers had been rejected by the competent authority. The petitioner being aggrieved by the rejection of his offers and the subsequent advertisement dated 24.12.2011 Annexure P/4 putting up the said two plots for reauction has filed the present petition before this court.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner was the sole highest bidder for Plot no. 696-B and 696-C and that his offer was above the offset price and in such circumstances, the Board was bound to accept the offers of the petitioner and allot the same to him and therefore the rejection is contrary to law. It is submitted that the respondents/Board is a non-profit organization which is involved in providing quality housing accommodation at a reasonable price and also in undertaking infrastructure developments and matters connected therewith and cannot be permitted to act as an ordinary businessman. It is stated that in the circumstances the impugned orders be quashed.