MOHD AMIN KHAN Vs. SRINAGAR MUNICIPALITY

JUDGEMENT

(1.) THE circumstances under which this petition came to be filed in this court be noticed.

(2.) RESPONDENT -Srinagar Municipality owns a shopping complex within the municipal limits of Srinagar. The shops located in this shopping complex were put to auction. These were to given on lease. These were to be auctioned and offend to the persons offering highest bid money. This bid money has been given the nomenclature of premium. Auction was conducted. Petitioner submits that he took part in the process of auction, but he has not been allotted a shop.

(3.) AS per petitioner, the Executive Officer of the Srinagar Municipality allotted shop No. 10 to him. Petitioner submits that he deposited a sum of Rs. 10,000/ -. This was the initial deposit. Later on a sum of Rs. 1, 50,000/ - is also said to have been offered through cheque. This amount represents 50% of the premium. This premium came to be fixed as per the petitioner in pursuance of his having successfully taken part in the auction. With a view to contend that an auction did actually take place, the petitioner in placing reliance on letter, annexure -P9. This letter was issued in favour of one Mohammad Akber Khan. It is submitted that this Mohammad Akber Khan has been allotted a shop. In these circumstances, it is submitted that there is no justification on the part of the respondent -Municipality to not to give same treatment to the petitioner.