- (1.) PRADEEP Kant and Abhinava Upadhya, JJ. These are the two writ petitions, which are being decided by a common order.
(2.) AT the outset it would be appropriate to mention that earlier these writ petitions were allowed by a learned single Judge vide judgment and order dated 25. 5. 2001 against which order, several S. L. Ps. bearing Nos. 3940, 3941 and 3942-3943 of 2003 were filed, wherein the Apex Court set aside the aforesaid order only on the ground that the writ petitions were cognizable by Division Bench and were disposed of by the learned single Judge. The Apex Court thus set aside the order passed by the learned single Judge and directed that the matter be considered by a Division Bench. It is in this light that we proceed to decide the aforesaid writ petitions. These present writ petitions challenge the State Government's order dated 24. 7. 2000 and 27. 9. 2000 by means of which the State Government has refused approval of the auction conducted by the Nagar Nigam, Ghaziabad and also the consequential order passed by the Nagar Nigam requiring the petitioners to take the refund of the amount deposited respectively in respect of the two plots viz. Nos. 419 and No. 420.
(3.) WRIT Petition No. Ill has been filed by Kailash Chandra Goel, challenging the order in respect of plot No. 419 whereas WRIT Petition No. 115 has been filed by Sanjeev Goel assailing the aforementioned orders with respect to plot No. 420. In short, the question involved is to the effect that whether the properties which belong to the Nagar Nigam require any approval of the State Government in the matter of sale of such properties in terms of Section 128 of the U. P. Municipalities Corporation Act, 1959 (hereinafter referred to as Act ). The said Section 128 is quoted below : "power to dispose of property.- (1) The Mahapalika shall for the purposes of this Act and subject to the provisions thereof and rules made there under, have power to sell, let on hire, lease, exchange, mortgage, grant or otherwise dispose of any property or any interest therein acquired by or vested in the Mahapalika under this Act : Provided that no property transferred to the Mahapalika by the Government shall be sold, let on hire, exchange or mortgaged or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the State Government. ";