Excelsior Correspondent
SRINAGAR, Feb 23: Observing that the Government is the guardian of the finance of the State, High Court said the disposal and auction of public property by the Government must be fair and transparent in order to protect the financial interests of the State.
Justice Javed Iqbal Wani dismissed the plea of one Ashu Deep Kohli seeking direction upon the J&K Housing Board to finalize the auction of a shop and execute the lease deed in his favour with respect to the shop being only the highest bidder participated and submitted the bid pursuant to the notification issued by respondent-Board.
Justice Iqbal while dismissing the petition said the right to refuse the lowest or any other tender is always available to the Government and even if a public auction had been completed and a person found to be highest bidder no right accrued to the highest bidder till the confirmation letter is issued to him.
Court referring the position of the present case said, the allotment of the shop in question, the respondents-Board seemingly have found it reasonable and fair not to proceed with the process of bidding with only one responsive bid.
“The process manifestly, has been followed in order to generate a healthy competition and ultimately good revenue for the respondent-organization. No indefeasible right thus qua the shop in question would be said to have accrued to the petitioner”, Court added.
“Viewed thus, no interference is found to be warranted in the facts and circumstances of the case while exercising extra ordinary jurisdiction. The petition thus entails dismissal and is, accordingly, dismissed, along with all connected applications”, court concluded.
Follow our WhatsApp channel