Court No. - 2
Case :- WRIT - C No. - 15915 of 2021 Petitioner :- Suneel Kumar Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties and perused the record.
It is submitted that respondent-State authorities issued public notice dated 02.12.2020 for auction of a number of ponds situated in village Tskds bearing Gata No. 322 area 0.793 hectare. It is urged that petitioner was sole bidder and no other person or society participated in the auction. It appears that thereafter on an application moved by sixth respondent that he came to know of the bid on visiting the office of Tehsil authorities. Accordingly, by the impugned order dated 28.12.2020, the third respondent, Sub-Divisional Magistrate cancelled the auction and directed for fresh auction of the ponds.
Learned counsel for the petitioner submits that petitioner fulfills all the terms and conditions, therefore, the authorities should have accepted his bid for the ponds and executed the agreement.
Learned counsel appearing for fifth respondent submits that it is admitted by the petitioner that he was the sole bidder and no other person or party participated in the auction. The impugned order has been passed in the interest of the revenue. By the impugned order, no prejudice has been caused to the petitioner. Petitioner shall get an opportunity to participate in the auction as and when held.
On specific query, learned counsel for the petitioner admits that he was sole bidder and no other person participated in the auction.
Learned counsel for the petitioner failed to point out any infirmity, perversity or illegality in the impugned order so as to warrant interference.
The writ petition lacks merit. Dismissed.
The money deposited by the petitioner for the auction shall be returned within four weeks from the date of filing an application along with copy of this order.
The dismissal of the writ petition shall not preclude the petitioner to participate in auction whenever is held.
Order Date :- 29.7.2021 P. Sri.