AGRA DEVELOPMENT AUTHORITY Vs. ANIRUDH VIR SINGH

JUDGEMENT

(1.) This appeal, under Section 96 of the C.P.C., is being filed challenging the order dated 25.1.1997 passed by the Civil Judge (Senior Division), Agra in Original Suit No. 130 of 1994.

(2.) The brief facts of the case are that on 15.12.1993, the Agra Development Authority made an auction of a plot measuring 174.19 sq. metre under Sanjay Palace Restaurant Scheme. The respondent-Anirudh Vir Singh participated in the said auction and his bid for Rs.7,45,000/- was the highest. He deposited a sum of Rs.1,90,000/-, being 1/4th of the amount. However, the auction has not been approved and finalized in favour of Sri Anirudh Vir Singh. The said plot has again been subjected to auction on 23.12.1993 wherein the reserved price has been enhanced from Rs.7,00,000/- to Rs.7,50,000/-. Sri Anirudh Vir Singh again participated in the said auction. His bid at Rs.7,80,000/- was the highest. He deposited a sum of Rs.1,95,000/-, after the adjustment of Rs.1,90,000/-, deposited earlier. The said auction has also not been approved and finalized and has been cancelled.

(3.) It appears that the Agra Development Authority found that at a same place plot measuring 156.77 sq. metre has been sold in auction held on 2.12.1993 for Rs.13,50,000/- . Therefore, the Auction Committee has not recommended for the approval of the bid of Sri Anirudh Vir Singh and in pursuance thereof, the Vice-Chairman has cancelled the bid on 7.1.1994. It also appears that on 3.1.1994, Sri Anirudh Vir Singh moved an application for the return of the amount, however, the said application was not on record and it is alleged that with the collusion of the employee it has been got misplaced and concerned employee has also been suspended. It appears that subsequently, after the advertisement being made in Amar Ujala, an auction has been held on 30.7.1994. Sri Sudip Potdar and Sri Pradeep Potdar were the highest bidder of Rs. 11,77,000/-. The said plot was settled in favour of both Sri Sudip Potdar and Sri Pradeep Potdar and a registered lease deed has also been executed in their favour by the Agra Development Authority on 13.2.1996 and the map has also been sanctioned for the construction and on which construction took place.