- (1.) The petitioner has challenged in this petition an advertisement dated 19-6-2000 (Annex. 3) issued by the respondent Mandi Samiti for auctioning the vacant shops. As per the impugned advertisement, auction was to take place on 14-7-2000 at 11-00 a.m. i.e. today.
(2.) Today, in the morning, it was mentioned by the learned counsel Shri Bhandari for circulation of the matter when he submitted that if the matter is not heard and interim order is not passed today then it would be meaningless, therefore, permission was granted to circulate this matter after recess at 2-00 p.m.
(3.) Learned counsel Shri Bhandari for the petitioner made a grievance that as per the order dated 6-8-99 passed by my learned brother V. G. Palshikar, J. in writ petition No. 2743/95, the petitioner made a representation to the respondent Mandi Samiti within two weeks from the date of order, but the same remained unreplied and not decided by the Samiti within a period of six weeks as directed by this Court. He, therefore, submitted that without deciding the representation the respondent Samiti cannot auction the shops. If the petitioner had made representation within two weeks as ordered by my learned brother V. G. Palshikar, J. and the said representation was not decided within six weeks thereof then in my opinion the petitioner should have immediately moved this Court by way of contempt proceedings or any other appropriate proceedings, but they have kept mum in the matter for all these period about one year. Not only that though the advertisement dated 19-6-2000 was published they have preferred to approach this Court only on the last minute when the auction was kept at 11-00 a.m. on 14-7-2000 i.e. today. It is well settled law that if the parties do not approach the Court within reasonable time then they would not be entitled for any relief much less discretionary relief from this Court under Art. 226 of the Constitution of India. If I entertain this petition today and grant interim order preventing auction or any other proceedings taken in auction in pursuance of the advertisement then practically I am allowing the petition without hearing the other side, therefore, I am of the opinion that only on this ground the petition is required to be dismissed.;