Writ petition assailing an advertisement for auctioning ponds was dismissed as misconceived because the petitioner held patta for different khasra numbers in a different village.
Petition dismissed as misconceived and noted to be filed with ulterior motive.
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Court No. - 2
Case :- WRIT - C No. - 3642 of 2021
Petitioner :- Anwar Ahamad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Shukla,Krishna Kumar Shukla Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner, by means of instant petition, is assailing the advertisement dated 09.12.2020 issued by third respondent, Sub-Divisional Magistrate, Dhampur, District Bijnor, insofar as it relates to item no. 9 i.e. in respect of ponds situated in khasra no. 201, 202 and 524 in village Sadkabad. It is urged by learned counsel for the petitioner that on 01.04.2018 for a period of ten years petitioner has been allotted the ponds on patta. It is submitted that the impugned advertisement inviting bids for the same ponds is arbitrary.
Learned Standing Counsel, at the outset, brought to the attention of the Court to that the Patta granted to the petitioner is in respect of khasra no. 138 and 140. It does not refer to the Khasra number which is subject matter of the impugned advertisement.
On specific query, learned counsel for the petitioner is unable to show from the record as to how petitioner is aggrieved by the advertisement which, admittedly, is in respect of separate ponds. It is further pointed out that petitioner has been allotted the ponds in village Kasampur Lekhraj, Pergana Nastaur, whereas, the impugned advertisement pertains to the ponds situated in village Sadkabad.
In view thereof, petition appears to be misconceived, filed with ulterior motive.
Accordingly dismissed.
Order Date :- 20.7.2021 P. Sri.
Anwar Ahamad
State Of U.P.
Suneet Kumar
As recorded by the court registry
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