LAWS(ALL)-2008-1-23

AJAY UPADHYAY Vs. COLLECTOR BALLIA

Decided On January 09, 2008
AJAY UPADHYAY Appellant
V/S
COLLECTOR BALLIA Respondents

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 7. 2. 2004 and 9. 2. 2004, passed by respondent No. 2, Sub- Divisional Of ficer, Sikandarpur, Ballia setting aside auction sale. He has further prayed for a writ in the nature of mandamus commanding the respondent No. 1 to confirm auction sale made in his favour and issue sale certificate along with delivery of possession.

(2.) WE have heard Sri W. H. Khan, Senior Advocate assisted by Sri Gulrej Khan learned Counsel for the petitioner and learned Standing Counsel for the State.

(3.) AS regard signature of other two bidders is concerned Annexure-5 shows that they had deposited security money amounting to Rs. 25,000 each and put their signatures on the memo of depositing security money. Annexure-4 shows that on the condition for sale issued by Tehsildar Sikandarpur, Ballia also, they had put their signatures. Not only this they took refund of their earnest money Rafter bid was finalised. It appears that due to mistake of auctioning authority their signatures could not be obtained on the bid sheet though it has been mentioned in the writ petition that they had put their signatures on the same.