Hon'ble Jaspreet Singh,J.
Heard Sri Brijesh Kumar Yadav, learned counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for the State respondents.
By this writ petition under Article 226 of the Constitution of India the petitioner is praying for quashment of the impugned demand notice dated 16.04.2019 issued by the respondent no. 2 Sub Divisional Magistrate, Mohanlalganj, Lucknow against the petitioner directing him to pay the remaining amount i.e. Rs. 105000/- of the auction money.
Learned counsel for the petitioner submits that a contract of cycle stand was allotted in his favour for a period of 2018-19 at the rate of Rs. 210000/- per annum and petitioner has deposited 1/4 of the total amount i.e. Rs. 52500/- but immediately thereafter somewhere in the month of July 2018 70% of the said parking space has been taken over by the respondents for the EVM godown due to the coming parliamentary elections and, therefore, he paryed for reduction of auction money.
Learned counsel for the petitioner has drawn our attention to the report dated 07.02.2019 of Collectorate, Lucknow and submitted that by the aforesaid report the authority concerned has made recommendation to reduce the auction amount from Rs. 210000/- to Rs. 125000/- but the learned authority without considering the said report and facts of the case issued direction to the petitioner to pay the remaining amount of auction money.
On due consideration of the aforesaid, without expressing any opinion on the merits of the case, we direct the respondent no. 1 and 2 to consider the report dated 07.02.2019, which is at page 17 of the writ petition, and, thereafter, after providing due opportunity of hearing to the petitioner, pass a reasoned and appropriate order, in accordance with law.
With the aforesaid, writ petition is disposed of.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 29.8.2019/Shekhar