SHARAD CHAND MALU JAIN Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2008-2-24
HIGH COURT OF CHHATTISGARH
Decided on February 05,2008

SHARAD CHAND MALU JAIN Appellant
VERSUS
CHIEF MUNICIPAL OFFICER NAGAR PALIKA PRISHAD MAHASAMUND Respondents




JUDGEMENT

- (1.)THE petitioner seeks a writ of mandamus commanding the respondents to accept the petitioner's highest bid, submitted by the petitioner in the open auction held on 22. 2. 2000, for auction of open land of old Kanji House, bearing Khasra No. 1273, area 3784 square feet, situated on the way of Nehru Chowk to Gandhi Chowk, mahasamund.
(2.)LEARNED counsel appearing for the petitioner submits that the auction proceedings were complete but the respondent No. 3 did not complete the auction by accepting the petitioner's highest bid for sale of the land in dispute. The petitioner submits that on account of the internal dispute amongst Councilors of the Nagar palika, the open auction held on 22. 2. 2000 could not be given effect to and no person was allotted the said land.
(3.)THE petitioner has filed this petition on 31st january, 2008 after about 8 years of the date of auction i. e. 22. 2. 2000. On query, as to how such a belated petition can be entertained, particularly when there is no semblance of any right, learned counsel appearing for the petitioner submits that the petitioner was engaged in making representations and writing applications to the various authorities. In this process the petitioner has spent almost 8 years, therefore this petition is not a belated one. Whether the petitioner has acquired any statutory or legal right by mere participating in the auction proceedings is also not clear.
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