RANCHHOD Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard Learned counsel for the appellant has submitted that the petitioner was not competent to file the writ petition and he has raised this objection before the learned writ Court. The question involved in this writ appeal has already been decided by the learned writ Court vide order dated 26.07.2017 passed in Writ Appeal Nos.404/2017 and 406/2017, therefore, the present appeal liable to be dismissed. Order dated 26.07.2017 reads as under:

(2.) Both these intra-court appeals have been filed by the appellants challenging the order dated 21.06.2017 passed in W. P. No.2871/2016 and W. P. No.2883/2016 by which learned Writ Court was of the considered opinion that the entire process adopted by the Municipal Corporation for allotment of shops and to lease out the property was contrary to the provisions of Section 80(5) of the M. P. Municipal Corporation Act, 1956 (in short "the Act") and, therefore, directed for refunding the amount to the appellants along with interest @ 8.5% per annum and held that the action of the Municipal Corporation for inviting tender for allotment of shops on lease which is public property is just and proper.

(3.) Brief facts of the case are that the shops were constructed in Scheme No.71, Shree Rajiv Gandhi Civic Centre, Ratlam in the year 1996. The Municipal Corporation, contrary to the provisions of Section 80(5) of the Act adopted the process of first come first basis and allotted the shops to the appellants, though they have deposited the amount but they were not placed in possession and in the year 2016, Municipal Corporation has issued a fresh tender for allotment of shops. The action of Notice Inviting Tender (NIT) by the Municipal Corporation was challenged by the appellants in the writ petitions on the ground that once the amount was accepted by the Municipal Corporation and possession of shop has been handed over to the appellants, the question of re-tendering does not arise.