Court No. - 30
Case :- WRIT - C No. - 22219 of 2020 Petitioner :- Jaswant Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Shankar Tripathi,Vijai Shanker Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The auction bid of the petitioner was annulled by the respondent No. 3 by taking out proceedings under Rule 57(8) read with Sections 189 and 190 of the U.P. Revenue Code, 2006. The petitioner was the highest bidder in the auction of the fisheries lease rights which happened on 09.12.2019. The stated case of the petitioner is that he deposited ¼ of the bid amount on 24.12.2019.
Learned counsel for the petitioner does not dispute the fact that ¼ of the bid amount was not deposited forthwith in terms of Section 189 of the U.P. Revenue Code, 2006; nor was the balance of the bid amount deposited on or before 15th day from the date of the auction. The writ petition also did not disclose deposit of the bid amount in terms of Section 189 read with Section 190 of the U.P. Revenue Code, 2006.
In such view of the matter on account of the admitted failure of the petitioner to deposit the bid amount, the action of the respondents in cancelling the auction bid and the order readvertising the auction is justified in law.
The petitioner may be permitted to participate in the fresh auction. In case the petitioner is the highest bidder, the said amount shall be adjusted as required under Sections 189 and 190 of the U.P. Revenue Code, 2006.
It is clarified that this Court has not fettered the rights of the authorities to proceed against the petitioner in accordance with law.
In case after taking out relevant proceedings any amount is due to the petitioner, the same shall be refunded to him.
The writ petition is dismissed.
Order Date :- 27.7.2021 Nadeem Ahmad