Aazad Kumar Gupta vs State of M.P.

S.K. Gangele, J.—Heard. The grievance of the petitioner in this petition is that petitioner be allotted shop constructed by Nagar Panchayat.

The petitioner was granted a temporary lease of area 15x10=150 sq. ft. situate at survey No. 135 Patawari Halka No. 16, on 07-10-1986 for a period of two years. The petitioner constructed a temporary shop and as per the petitioner he is in possession over the same. Nagar Panchayat decided to construct pucca shops and Nagar Panchayat constructed the same. The petitioner pleaded that he be allotted the aforesaid shop.

Respondent No. 2-Nagar Panchayat in its reply pleaded that the petitioner was granted temporary lease for a period of two years from 07-10-1986 to 31-03-1988. Thereafter, the lease period was neither extended nor the lease was renewed. The petitioner was removed from the place on 11-07-2005. Nagar Panchayat constructed the shops. It is further pleaded that the petitioner has no right for allotment of shop because Nagar Panchayat has decided to allot the shops by way of auction.

From the facts of the case, it is clear that the petitioner was granted temporary lease of the land area 15 x 10=150 sq. ft. situate at survey No. 135 Patawari Halka No. 16 for a period of two years. There was no mention in the lease that the petitioner has been allotted a permanent shop. There is no rule in this regard. Contrary to this, the rule is that the property of the Nagar Panchayat shall be leased out or allotted on the basis of auction.

In such circumstances, in my opinion, there is no legal right exists in favour of the petitioner in regard to allotment of shop. Hence, this Court cannot issue any direction in this regard to the Nagar Panchayat.

Consequently, I do not find any merit in this petition. It is hereby dismissed. No order as to costs.