Court No. - 6
Case :- WRIT - C No. - 35842 of 2019 Petitioner :- Sudama And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Krishna Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking a writ of certiorari for quashing the order dated 31.01.2019 requiring the petitioners, the highest bidders in two auctions, held for settling the fisheries lease to deposit the entire amount for the lease.
It has been contended that on the close of auction proceedings, 1/4 of the bid amounts were deposited and that the demand for the balance 3/4 amount, prior to confirmation the bid was not justified.
Learned Standing Counsel on the basis of instructions received as also the original record of the proceedings for auction, was submitted that there was a categorical stipulation in the conditions of auction that the bid would be confirm and accepted only after the entire bid amount was deposited.
Counsel for the petitioner submitted that petitioners are illiterate persons and they were not aware on the condition, aforenoted. They therefore, prayed for a direction for refund of the 1/4 bid amount, deposited by the petitioners as they are not in a position to deposit the entire bid amount prior to acceptance and confirmation of their bids.
Under the circumstances the petitioners may approach the authorities, by means of an application, as also certified copy of this order. The authorities shall thereafter pass appropriate orders on the application and refund the money to which the petitioners may be entitled positively within a period of 10 days, thereafter.
Subject to the above, this writ petition stands disposed of.
Order Date :- 19.12.2019 Priyanka