URBAN IMPROVEMENT TRUST KOTA Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal is directed against the order of the Division Bench of the High Court of rajasthan, Jaipur Bench, Jaipur in Civil appeal (Writ) No. 998 of 1998 dated 7/1/2000.

(3.) The appellant is the owner of land measuring 120' x 110', Petrol Pump. Transport nagar, Kota (for short 'the land'). Under the rajasthan Improvement Trust (Disposal of urban Land) Rules, 1974 (for short the rules) , the land was put to auction for 99 years' lease on December, 1987. The respondent was the highest bidder for the said land. Under the conditions of the auction and the Rules, the respondent deposited 25% of the amount on that date. It appears from condition no. 3 that the balance of three-fourth of the cost of the plot has to be deposited within 30 days from the approval of the auction by the Chairman. The record shows that the rival bidders filed a suit and obtained order of stay of confirmation of auction which was in operation from 16/12/1987 till 21/12/1990 when the stay order was vacated. The respondent filed an application before the appellant on 16/1/1991 requiring clearance for deposit of the balance of three-fourth amount. While so, by order dated 13/6/1995 the appellant declined to confirm the auction. The respondent challenged the validity of that order of the appellant before the High Court of rajasthan, Jaipur Bench. On 7/1/2000, the High Court quashed the impugned order of the appellant and allowed the writ petition. It is the correctness of that order of the High Court that is assailed in this appeal.