Court No. - 21
Case :- WRIT - C No. - 2381 of 2019 Petitioner :- Brij Pal Singh Yadav And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Mishra,Randhir Jain Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners are six in number. Their grievance is common. They have preferred this writ petition for the following relief:
"(i) issue a writ order or direction in the nature of mandamus directing the respondents to return the amount deposited by petitioners against the auction notice dated 6.4.2015 as token amount and being successful bidder with interest."
It is stated that a public notice was issued on 06th April, 2015 in daily newspaper inviting applications for auction of the shops, which were proposed to be constructed on the Nazul land. Pursuant to the said notice, the petitioners had participated in the auction and have deposited Rs.1 lakh as token money. In paragraph-7 of the writ petition it is stated that all the petitioners have deposited the requisite amount, receipts whereof have also been brought on the record. The petitioners claim that they are successful bidder.
Now the petitioners want to withdraw themselves from the said auction as the respondents, for some reason, are not registering the agreement, hence they want their token money to be refunded to them.
We find that in somewhat similar facts a Division Bench of this Court in Writ-C No. 34176 of 2018, Satish Kumar Arora and others v. State of U.P. and others, vide order dated 10th October, 2018 has directed the District Magistrate concerned to address the grievance of the petitioners therein. The relevant part of the order reads as under:
"Having heard the learned counsel for the parties, we are of the view that the petitioners may file a fresh representation before the District Magistrate wherein they will make a categorical statements that the bid sanctioned in their favour be cancelled and they do not want to purchase the plots and they want to refund their amount.
In the event, any such representation is made before the District Magistrate within two weeks from today, the District Magistrate shall pass the order in the light of order dated 24.8.2018 passed by a Division Bench in Writ C No.8542 of 2018 as well as order dated 17.9.2018 passed by the District Magistrate, Lalitpur.
With the aforesaid observations, the petition is disposed of.
It is made clear that this court has not expressed any opinion on the merits of the case.
There is no order as to costs."
In view of the above, this writ petition is also disposed of by issuing a direction upon the District Magistrate, Lalitpur, the second respondent, to consider the cause of the petitioners and pass the appropriate order. We grant liberty to the petitioners to make a fresh representation to the District Magistrate within two weeks. In case any such representation is made, the District Magistrate shall pass the appropriate order in accordance with law expeditiously, preferably within a period of three months from the date of communication of this order.
Accordingly, the writ petition is disposed of. No order as to costs.
Order Date :- 28.1.2019 SKT/-