PAWAN KUMAR Vs. PRESIDENT NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) There is a taxi stand and a bus station where vehicles are parked, within the limits of Notified Area Committee, Jwala-mukhi. For the past many years, the Notified Area Committee has been farming out the right to collect fees for the use of the two parking lots. From the assertions made in the affidavits, which have been exchanged amongst the parties in the present petition, instituted by one of the persons who thought that in case he had knowledge about the proposed settlement he would have made a bid for it, it seems clear that during the financial years 1989-90 and 1990-91, the Notified Area Committee settled the matter by public auction. There is some dispute about the modalities adopted in the financial year 1991-92.

(2.) The case of the Petitioner is that for the financial year 1992-93, that is, the period between April 1, 1992 and March 31, 1993, both the parking lots were settled by private negotiations by the 3rd Respondent, namely, the Tehsildar, Dehra, who is a Receiver appointed by this Court to manage the properties of Panchayat Samiti Dehra No due notice of the proposed settlement was given so that the Petitioner could not put forward his own bid It has also been said that the right has been firmed out in respect of the parking lots near the bus station. Jwalamukhi, at a figure lower than what was fixed to be the minimum amount of bid for it. The assertion is that though the minimum amount was put at Rs. 50,000, the parking lot was handed over for this year to the 5th Respondent (Sanjay Sharma) for a sum of Rs. 41,000 only.

(3.) Even though notices were directed to issue to all the Respondents by this Court long time back, the 5th Respondent, Shri. Sanjay Sharma, has not appeared in these proceedings, nor has he filed any return. The fact that the minimum amount, which was disclosed by the 3rd Respondent in respect of the parking lot near the bus station for the year in question, was a sum of Rs. 50,000, has remained unchallenged. So also, the assertion that the place was settled by the Respondents for a sum of Rs. 41,000 only. As far as the parking lot near the taxi stand is concerned, the minimum figure disclosed by the 3rd Respondent for it was Rs. 40,000 It has been said that the 4th Respondent, Shri. Shashi, made a bid for that amount. The 4th Respondent has appeared through Shri D. D. Sood, Advocate, and has also filed his return.