(Per : HONOURABLE MR.JUSTICE V. M.
SAHAI)
1. We have heard learned Senior Counsel Mr.Yatin Oza assisted by learned advocate Ms.Srushti A.Thula for the applicant and learned AGP Ms.Jirga Jhaveri for the respondent No.2-State.
2. The Revisional Authority i.e. Deputy Secretary, Urban Development and Urban Housing Department, State of Gujarat by its order dated 14.07.2009 gave two options to the applicant either to re-auction the entire 171 shops or 57 shops be auctioned, out of which the first right of bidding of 57 shops be given to the 12 applicants who were before the State Government. The learned Single Judge by his judgment dated 08.02.2012 has affirmed the order passed by the State Government. Prima facie, we are of the opinion that, since most of the shops have been allotted and the auction purchasers are in possession of their respective shops and therefore they are not required to be disturbed. So far as 57 shops are concerned, the first right cannot be given to the applicants who were before the State Government that they should bid first and choose their shops and thereafter other persons can bid. Prima facie, in our opinion, the 57 shops are required to be auctioned in which the applicants who were before the State Government and other persons also would be permitted to participate, and no separate auction could be held for these 12 applicants who were before the State Government. Therefore the applicant is entitled for interim relief.
3. Issue Notice to the respondents returnable on 11th June, 2012. Learned counsel for the applicant is permitted to delete the respondents No.5, 11, 12 and 17.
4. Until further orders, the effect and operation of the impugned order dated 14.07.2009 passed by the Revisional Authority i.e. Deputy Secretary, Urban Development and Urban Housing Department, State of Gujarat as well as the judgment dated 08.02.2012 passed by the learned Single Judge in Special Civil Application No.8312 of 2009 shall remain stayed. Direct service is permitted.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/ Top