- (1.) The writ petition is directed against allotment list dated 31.05.2013 (Annexure 5 to writ petition) issued by respondent no.4, whereby the District Magistrate, Gautambudh Nagar (hereinafter referred to as the "DM, GBN") has approved and sanctioned allotment of shops in notified Mandi Area to dealers, named therein. The aforesaid dealers are directed to deposit half of premium money and one year's advance usual charge, and, thereafter get registered executed agreement and take possession of allotted shops. It is alleged that in a very arbitrary and illegal manner, Secretary, Noida and certain other officials of Mandi Parishad, proceeded on their own to submit a select list of 133 dealers for allotment of shops in Mandi area, Gautam Budh Nagar, vide their minutes of selection dated 23rd January 2013. The aforesaid minutes are said to have been signed by 6 officials, of whom, except Deputy Collector, Dadri, all are the officials of Mandi Samiti, working on different posts. The lone outsider officer. Deputy Collector, Dadri, before signing minutes, made an endorsement, as under: "I was asked to maintain law and order only. I did only that. Beyond this, I am not concerned with anything else."
(2.) A large number of complaints were made to DM, GBN about wide scale illegalities and irregularities committed in the aforesaid selection and recommendation. To enquire about that, a committee was constituted by District Magistrate, consisting of: (1) Sri Pushpraj Singh, I/c City Magistrate, Greater Noida, Gautam Budh Nagar (2) Ms. Anju Lata, Deputy Collector/President, Mandi Samiti, Noida, Gautam Budh Nagar (3) Sri Rajesh Kumar, Deputy Collector, Dadri, Gautam Budh Nagar (4) Sri Bhagwan Singh, Additional District Magistrate (Finance and Revenue), Gautam Budh Nagar
(3.) The inquiry committee submitted report dated 06.04.2013 confirming large scale irregularities and acts of favouritism and nepotism etc. on the part of recommendatory body. The Inquiry Committee also suggested that entire auction is not worth approval and sanction, should be cancelled. Thereafter a fresh auction should be held, so that without any favour etc., in an impartial way, fresh proceedings may be held.;