sympathy shown by the competent authorities or by the Courts on some occasions can never be misused. Such concession or leniency have been shown to the existing leaseholders enabling them to continue their business in the particular premises, to avoid inconvenience and loss to the business. The competent authorities are bound to conduct open auction, for the purpose of leasing out the public premises. Cogent facts and circumstances of the present writ petitions on hand, shows that after expiry of the lease period in June 2016, the writ petitioners earlier filed WP(MD)Nos.14214 to 14248 and 13588 of 2017 and this Court passed orders allowing the writ petitions to remit 50% of the enhanced amount. Such an order itself was a concession. Contrarily, the writ petitioners have taken a lead from and out of the order passed by this Court and attempted to create further cause of action so as to avoid the payment of enhanced rent. Such an attitude of the writ petitioners are to be deprecated. The writ petitioners certainly have attempted to create cause of action from and out of the order earlier passed by this Court, which is certainly in the nature of concession. The Hon'ble Supreme Court of India time and again held that showing any leniency or misplaced sympathy cannot be granted in violation of rules and further such concession or misplaced sympathy should not violate the rights of the larger citizens who all are otherwise vested with certain statutory or constitutional rights. By showing some sympathy, the rights of other citizens are violated. Further the same will have certain adverse consequences in respect of upholding the rule of law. Thus, the writ petitioners cannot take any undue advantage of the concession granted by this Court, by way of permitting the writ petitioners to deposit 50% of the enhanced amount and thereafter permitting the respondent to scrutinize the documents produced by the petitioners including the objections.
