Ashok Bhushan, Ag.CJ Heard learned counsel for the appellant. 2. The Writ Appeal has been filed against the judgment dated 18.11.2013 in WP(C) No.26521 of 2013. The petitioner has filed the writ petition seeking mandamus directing the respondents to issue appropriate orders for the purpose of removal of the condemned vehicles by the petitioner society to be offered at the rate above 16% of the upset value fixed by the Condemnation Board or at the rate above 16% of the last 15 years bid amount.
3. Learned Single Judge, by the impugned judgment, dismissed the writ petition observing that it is always open for the petitioner to participate the tender, if at all any floated by the respondent.
4. Learned counsel for the appellant submits that the appellant/petitioner is ready to offer 16% of the upset value fixed by the Condemnation Board and large number of vehicles being lying in different police stations could be removed.
5. Learned counsel for the petitioner also refers to the letter dated 27.2.2013 issued to the State Police Chief by the Government. By this letter, certain details regarding the manner of disposal of condemned vehicles have been indicated. The said letter indicates that the condemned vehicles are sold as per the rules. It was further observed that if vehicles are taken by the society, it will benefit the Government. Be that as it may, the condemned vehicles being the property of the Government, there is settled norms and rules for disposal of the vehicles. Public auction and tenders are well known methods for disposal of the property. The prayer of the petitioner to permit the petitioner to take away the vehicles at the rate of 16% above the rate fixed by the Board cannot be allowed by this court in exercise of jurisdiction under Article 226. It is open for the petitioner to participate in the auction or tender if any floated by the respondents and to follow the instructions regarding the disposal issued as per the norms issued by the Government. Subject to the same, the writ appeal is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
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