ANOJ NAYAK Vs. STATE OF MP

JUDGEMENT

(1.) By this common order, WP 24060 of 2019 shall be finally disposed of. Although the date of impugned order is same and the contents are same, therefore, for the sake of convenience, the facts of Writ Petition No.24061 of 2019 shall be considered.

(2.) This petition under Article 226 of the Constitution of India has been filed against the order dated 06/11/2019 (Annexure P1) passed by respondent No.3, on the ground that allotment of temporary shops made to the petitioner has been cancelled without giving any opportunity of hearing and without issuing any show cause notice. (2) The necessary facts for disposal of the present petition in short are that, according to the petitioner, he had applied for grant of temporary shops for selling Thermal Cloths and considering the said request, on 18/10/2019 the Municipal Council, Guna issued an allotment order in favour of petitioner for establishment of 14 temporary Thermal Cloths at Railway Station, Guna.The shops have been allotted on daily rent @ Rs.60/-. In the allotment order, one condition was imposed that one month's advance rent of Rs.27,720/- of 14 blocks should be deposited before establishing the said temporary shops and the petitioner has, accordingly, deposited the said amount on 25/10/2019 and thereafter, the petitioner has established temporary shops on 25/10/2019. It is submitted that without giving any opportunity of hearing and without issuing any show cause notice and without any fault on the part of the petitioner, the respondent No.3 has cancelled the allotment order on 06/11/2019 (Annexure P1) and has issued a fresh advertisement for grant of allotment of temporary shops for sale of Thermal Cloths. It is submitted that the act of the respondent No.3 is to give undue advantage to near and dear ones residing in the local area, whereas the petitioner belongs to other State.

(3.) This Court by order dated 14/11/2019 had directed the Government Advocate to seek instructions in the matter as to how and under what circumstances, the impugned order dated 06/11/2019 has been passed and it was further directed that the State shall not finalize the allotment in pursuance of advertisement dated 06/11/2019.