MANISH GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel representing the respective parties. Under challenge in this petition filed under Art. 226 of the constitution of India is an order dated 28.06.2018, passed by the Collector, Lakhimpur Kheri, whereby he has cancelled the auction sale held on 28.03.2018 in respect of Khasra Plot No. 1429 Ka, having an area of 0.162 hectare (17400 Sq.ft. and rice mill) belonging to the respondent Nos. 5 and 6.

(2.) The petitioner has also challenged the order dated 25.07.2018, passed by the Commissioner, Lucknow Division, Lucknow, whereby he has rejected the sale objection preferred by the respondent Nos. 5 and 6 against the auction sale dated 28.03.2018 in respect of the aforesaid property on the ground that since the District Collector, Lakhimpur Kheri had already cancelled the auction sale dated 28.03.2018, as such sale objection filed by the respondent Nos. 5 and 6 has been rendered infructuous.

(3.) By way of amendment, a further prayer has been made by the petitioner to direct the respondents to refund one-fourth of the bid amount i.e. Rs.34,47,750.00 said to have been deposited by the petitioner pursuant to the aforesaid auction sale.