ABDULLAH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The Executive Officer, Nagar Panchayat Dasna, District Ghaziabad, respondent No. 2 published a notice in the newspaper for auctioning the land of Dasna Nagar Panchayat. The petitioner participated in this auction and was the highest bidder for plot No. 1231, measuring five biswa for Rs. 6,31,469/- . On the basis of the terms and conditions of the auction, notice, the petitioner deposited l/4th of the amount, i.e. Rs. 1,60,000/- on the same date. The auction in favour of the petitioner was subsequently approved by the State Government vide its order dated 29.11.1999. It transpires, that one Sri Alok Kumar and Sanjana filed a case under Section 28 of the Land Revenue Act before the Collector, Ghaziabad with regard to the plot in question. In these proceedings, the Additional Collector (Finance and Revenue), Ghaziabad passed an interim order dated 18.7.2000 directing the parties to maintain status quo. As a result of this dispute raised by Sri Alok Kumar and Sanjana. the petitioner did not deposit the balance amount. Subsequently, it transpires that the aforesaid case filed by Sri Alok Kumar was rejected by an order of the Additional Collector (Finance and Revenue), Ghaziabad dated 14.6.2002. Prior to the decision of the Additional Collector (Finance and Revenue), the Executive Officer, Nagar Panchayat Dasna, respondent No. 2, issued a letter dated 19.4.2002 intimating the petitioner that the Nagar Panchayat Dasna by a resolution dated 22.1.2001 had cancelled the auction on account of non-deposit of the balance amount by the petitioner.

(2.) Being.aggrieved by this order, the petitioner has filed the present writ petition for quashing the resolution of the Nagar Panchayat Dasna dated 22.1.2001 as well as the notice dated 19.4.2002 issued by the respondent No. 2. The petitioner has further prayed that the respondents should also be directed to execute the sale deed in favour of the petitioner.

(3.) A counter affidavit has been filed by the respondent No. 2 admitting most of the allegations made by the petitioner. The respondents have only contended that even though an interim order was passed by the Additional District Magistrate (Finance and Revenue), Ghaziabad, directing the parties to maintain status quo, nonetheless the petitioner was required to deposit the balance amount. The respondents have further submitted that they had issued five notices on various dates directing the petitioner to deposit the balance amount but the petitioner failed to deposit the balance amount, and therefore, the Nagar Panchayat Dasna rightly passed the resolution cancelling the auction.