Court No. - 3
Case :- WRIT - C No. - 24359 of 2020 Petitioner :- Mohd. Rafeek Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C.,Prem Prakash Srivastava
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Suresh Singh, learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Present petition has been filed seeking a writ of mandamus commanding the respondents to accept the balance deposit of Rs.59,250/- against auction of Plot no. 9 (old), Village- Kasba, Police Station- Ghajipur, District, Fatehpur.
Having heard the learned counsel for the parties and perused the record, undisputedly the petitioner has participated in auction proceeding on 23.08.2002. The plot put up for auction is Nazool plot. At that time, the petitioner's bid being highest was accepted at Rs.1,19,000/-. The petitioner deposited a sum of Rs.59,250/-. However, the balance amount of Rs.59,250/- was not deposited.
Upon exchange of affidavits, it has further transpired that the respondent nos.2 to 5 have clearly woken up to the reality and asserted that the plot put up for auction is Nazool plot that is the land under the management of State. Clearly such plot neither has been mortgaged nor any person had any right to transfer that land in favour of the defaulters nor the petitioner could acquire any title therein by participating in auction conducted by the Bank.
In any case, the petitioner has failed to deposit the balance amount of Rs.59,250/- within time stipulated. No case is made out to offer interference under Article 226 of the Constitution of India.
The writ petition lacks merit and it is, accordingly, dismissed.
Order Date :- 24.8.2021 A.Kr.