Court No. - 2 Case :- WRIT - C No. - 45003 of 2010 Petitioner :- Hari Shanker Respondent :- State Of U.P. & Another Petitioner Counsel :- Abhishek Pandey Respondent Counsel :- C.S.C.,Vivek Verma Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard the learned counsel for the petitioner and Sri S.S. Jatav, Advocate who
is appearing on behalf of respondent no.2, Kanpur Development Authority,
Chairman Kanpur Nagar.
By this writ petition, the petitioner has prayed for quashing the order dated
26.06.2010 passed by the Vice Chairman, Kanpur Development Authority,
Kanpur by which auction held on 15.05.2010 has been disapproved. The
petitioner has further prayed for quashing the auction notice dated 22.07.2010.
The petitioner’s case is that he offered his bid in the earlier auction notice
published on 26.04.2010, he submitted that the auction was held but the same
has been disapproved without giving any reason. The petitioner submits that
again fresh notice has been issued for fresh auction on 22.08.2010. The
grievance of the petitioner is that the bid, he had given to the Vice Chariman,
KDA, Kanpur has been accepted and later on it was disapproved without
giving any reason in the order.
We are of the view that acceptance of the highest bid against a plot by the
officer conducting the auction is only provisional which is subject to approval
by the competent authority. The Vice-Chairman having disapproved the
auction dated 15.05.2010 the right of the petitioner if any came to an end. So
far the second submission is concerned it is open for the petitioner to
represent the matter to the Vice Chairman seeking reasons for the disapproval
of the bid. In case the petitioner makes an application, the said application be
disposed of by giving an appropriate reason by the respondent. The prayer of
the petitioner for quashing the fresh auction notice also cannot be accepted.
Fresh auction notice dated 22.07.2010 is a consequential to the disapproval of
the auction held on 15.05.2010.
With these observations this petition is dismissed.
Order Date :- 2.8.2010
PAL/