- (1.)Heard learned counsel for the parties.
(2.)The municipal corporation of Gwalior has filed this appeal challenging the judgment of the High Court of Madhya pradesh in M. P. No. 927 of 1990, wherein the writ petition filed by the respondent was allowed and writ of mandamus was issued to the corporation to allot a shop to the respondent in pursuance of the allotment order issued in his favour.
(3.)The corporation by its resolution dated 26.5.1989 decided to construct twelve shop rooms in Daulatganj area of the city. In pursuance to the said resolution, an advertisement was issued for holding auction for settling the contract for construction of the shops. In the said auction, Smt. Shanti Devi Sharma was allotted the contract for construction of six out of the twelve shops. Thereafter, an auction was held on 2nd of July, 1989 for allotment of the shops. Pursuant to the auction one of the shop rooms was allotted to the respondent. Subsequently, by the resolution dated 8th of August, 1989, the highest bid offered by the respondent was accepted and an allotment order was issued in his favour. Subsequent thereto, the corporation by its resolution dated 22.9.1989 decided to construct sixteen shop rooms instead of the twelve shop rooms at another site in the same daulatganj area. By the order dated 31.5.1990, the respondent was communicated about cancellation of the allotment giving the reason that the twelve shop rooms initially planned were not being constructed and under a different project, sixteen shop rooms are to be constructed at a new site. The respondent filed the writ petition in the High Court seeking quashing of the communication dated 31st May, 1990 and for allotment of one of the sixteen shop rooms constructed at the new site.