R.A. Sharma, J. - (1.) Petitioner's request for lease of Nazul land within the territorial limit of Municipal Board Saharanpur, was rejected by the State Government vide order dated 29-12-1994. By the same order Government has directed the Municipal Board to settle the land by public auction. Being aggrieved by the said order the petitioner has filed this writ petition. Prayer for settlement of the land in his favour by execution of lease deed has also been made.
(2.) No exception can be taken to the Government Order Public property has to be settled by public auction or by tenders, unless otherwise provided by or under the law. Paragraph 17 of the Nazul Manual ordinarily prohibits the settlement of Nazul land except by public auction or by public tenders.
(3.) Learned counsel for the petitioner has, however, contended that it is not open to the Government to issue and such direction to the Municipal Board which is a statutory authority and is entitled to transfer the property in any manner it likes in view of the provisions of Sections 124 and 393 of the U. P. Municipalities Act (herein after referred to as the Act). This contention is devoid of merit and cannot be accepted for the reasons given below : (i) It is true that Section 124 of the Act confers power on the Municipal Board to transfer its property but it cannot do so, on the basis of pick and choose. As mentioned before the property belonging to the "State" or statutory authorities are liable to be settled on the basis of uniform policy, normally by public auction or by public tenders unless otherwise provided by or under the law. (ii) The Nazul property belongs to the Government and Government as such has the right to issue appropriate guidelines and directions in the matter of its settlement even though such a property is vested in the Municipal Board for the purpose of custody and the management. Municipal Board itself is entitled to seek instructions from the Government in such matters. (iii) Under Section 393 of the Act Municipal Board may direct fee to be fixed by the bye-laws or by public auction or by the agreement, for use or occupation (otherwise than under the lease) of any immovable property vested in or entrusted to it. This Section does not confer any power on it to transfer the Nazul land. The writ petition is accordingly dismissed with the observation that in case the property in question is put to auction the petitioner may also be permitted to take part in it provided he satisfies the eligibility conditions, if any. Petition dismissed.;