LAWS(UTN)-2015-3-69

AMRIK SINGH Vs. STATE OF UTTARAKHAND

Decided On March 24, 2015
AMRIK SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THIS is a batch of 21 Appeals; we are disposing of the same by a common judgment.

(2.) AN auction was held on 07.07. 1998. This was related to the sale of the free -hold rights. The writ petitioners in this case, seven in number, were the successful tenderers. In terms of the conditions of the auction Notification dated 27.07.1998, they deposited 1/4th of the amount; the balance amount was to be deposited within a period of 15 days. On 08.08.1998, the writ petitioners sought time to deposit the balance amount and requested for installment facility. An order was passed on 01.09.1998 permitting the installment facility. The Officer provided two installments. In the meantime, it appears that the writ petitioners came to know of a civil suit, which was filed by one Sri Amrik Singh, who is the appellant in seven Appeals, namely, SPA Nos. 501 of 2013, 534 of 2013, 483 of 2013, 482 of 2013, 481 of 2013, 476 of 2013 and 480 of 2013 and, who was intervener in the writ proceedings. It is the case of the writ petitioners that they came to know that the property in question, in which they have bid successfully in the auction, was the subject matter of the civil suit. It is their case, therefore, that they sought deferment of the further payment. They enlisted the order of the status quo passed by the Civil Court in order to defer payment. Suffice it to say that the writ petitioners did not pay the installments as permitted by the Authority. There is reference to various communications, which we will address in greater detail. Finally, the order was passed in the year 2012. By the said order, the auction in favour of the writ petitioners came to be cancelled. The order reads as follows:

(3.) IT is feeling aggrieved that the writ petitions came to be filed seeking the following reliefs: