LAWS(RAJ)-2023-4-85

KEDAR Vs. STATE OF RAJASTHAN

Decided On April 04, 2023
KEDAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: 'It is, therefore, most humbly and respectfully prayed that this writ in the nature of Mandamus, may kindly be allowed and by an appropriate writ, order and directions:

(2.) As the pleaded facts would reveal, the bone of contention in the present is the cancellation of the auction proceedings vide the impugned order dtd. 5/6/2018, thereby cancelling the allotment of shops in favour of the petitioners, near the main entrance and around the four corners of the Mandi Yard, Pratapgarh; further challenge herein is laid to the determination made in the appeal filed by the petitioners vide the impugned order dtd. 9/12/2018, whereby while rejecting the appeal, the impugned order dtd. 5/6/2018 was upheld.

(3.) Learned counsel for the petitioners submits that initially, an advertisement dtd. 22/9/2017 was published in two newspapers inviting applications for allotment of shops in the Mandi Yard, and that, the advertisement was also uploaded on the official web portal; a copy thereof was also affixed in the Office of the Mandi Samiti, Collectorate, Municipal Corporation and other Corporations concerned with the allotment process; but since no proceedings were undertaken, pursuant to such advertisement, therefore, six months thereafter, another advertisement for the same purpose was published on 2/5/2018 (last date was fixed as 18/5/2018).