Kamal Jain vs State of M.P.

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

The petitioners were granted a temporary lease of area 8X8 sq. ft. situate at survey No. 135 Patawari Halka No. 16, on 27-04-1977 for a period of two years. The petitioners constructed temporary shop and as per the petitioners they are in possession over the same. Nagar Panchayat decided to construct pucca shops and Nagar Panchayat constructed the same. Petitioners pleaded that they be allotted the aforesaid shop.

Respondent No. 2-Nagar Panchayat in its reply pleaded that the petitioners were granted temporary lease for a period of two years from 01-4-1977 to 30-09-1977. Thereafter, the lease period was neither extended nor the lease was renewed. The petitioners were removed from the place. Nagar Panchayat constructed the shops. It is further pleaded that the petitioners have 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 petitioners were granted temporary lease of the land area 8X8 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 petitioners have 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 petitioners 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.