BABUBHAI JETHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner claims to be a pro bono publico. He has approached this Court, inter alia, praying for issuance of a writ of mandamus directing respondent Nos. 2 and 3 to hold fresh auction for the sale of a land comprised in Revenue Survey No. 56/Paiki, City Survey No. 2440, Sheet No. 112 admeasuring about 4755.59 sq.mts. in Patan town as the value for which it is now being sold is inadequate to the tune of at least Rs. 15 lacs.

(2.) Short facts necessary for the disposal of this petition are as follows : Land comprised in Revenue Survey No. 56 Paiki, City Survey No. 2440, Sheet No. 112 having an extent of 4755.59 sq.mts. belongs to the Agricultural Produce Market Committee, Patan (hereinafter referred to as the APMC). It is known as cattle sub-market yard. That land is to be sold by the APMC. In 1993, the APMC issued an advertisement for its sale. One Maganbhai Chaturbhai Patel is stated to have offered Rs. 64.71 lacs and made a caution deposit of Rs. 2 lacs. However the sale could not take place. Thereafter at the meeting held on 11.7.1997, the APMC resolved to sell the same. Upset price of that land was fixed at Rs. 47 lacs. On 10/12.8.1997 public advertisement was issued inviting offers by 19.8.1997 and the sale was to take place on 20.8.1997. In the meantime on 16.8.1997 one Patel Harshadkumar Keshavlal filed Appeal No. 34 of 1997 before the Director of Agricultural Marketing and Rural Finance at Gandhinagar questioning the action of the APMC. The Director stayed further steps in the matter relating to the sale of the property by his order dated 16.8.1997. That order was served on the APMC on 20.8.1997. On 20.8.1997 auction for the sale of the property took place. 4th respondent offered Rs. 50.50 lacs as value for the property. The APMC accepted the offer subject to the final outcome of the proceedings pending before the Director. On 23.9.1997 the Director quashed the sale held by the APMC. Fresh sale was directed to be held after complying with the conditions mentioned in the order. The APMC took up the matter in revision before the Government. By order dated 7.11.1997 the Government reversed the decision of the Director. In the meanwhile the APMC was ordered to be superseded by the Government on 3.11.1997. The APMC challenged the order of superession by filing Special Civil Application No. 8161 of 1997. This Court has directed the Government to maintain status quo. Thus the members of the APMC are continuing in office. The petitioner approached this Court by filing this petition on 10.11.1997. He offered to purchase the said property on the same terms and conditions on which 4th respondent was given the land, for Rs. 75 lacs. To verify the bonafides of the offer, this Court directed him to deposit 50% of Rs. 75 lacs before this Court on or before 1.12.1997. In compliance with that direction he deposited Rs. 37.50 lacs before this Court on 1.12.1997.

(3.) On behalf of the APMC its Chairman filed a detailed Affidavit-in-reply. Contentions taken therein are to the following effect.