AURANGABAD ZILHA KRUSHI & AUDDHUGIK BAUUDDESHIYA SARVA SEVA SAHAKARI SANSTHANCHA SAHAKARI SANGHA MARYADIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally, by consent.

(2.) The petitioner had initially approached this Court for a direction in the nature of a writ of mandamus, directing the respondents to withdraw the Public Tender Notice, published in Daily Sakal, Aurangabad dated 27th May, 2011, for the property bearing CTS No. 9233, admeasuring 685.75 sq. mtr. and 963.80 sq. mtr., situated at Jinsi Market Yard, Aurangabad, owned and possessed by the Respondent No. 5 Society, which is under liquidation.

(3.) This Court, vide order dated 17th June, 2011, had issued notice before admission. The matter was thereafter listed before this Court (i.e. the Bench consisting of Hon'ble Shri Justice D.B. Bhosale and Hon'ble Shri Justice S.B. Deshmukh) on 15th July, 2011. It appears from record that when the matter was heard on 15th July, 2011, a statement was made on behalf of respondent No. 6 M/s Abbas Transport Company that their offer of Rs. 73 lakhs and some odd amount had been accepted and they had deposited part of the amount with Respondent No. 5. On that day, learned Senior Counsel appearing for the petitioner sought leave to add M/s Abbas Transport i.e. present Respondent No. 6 as partyrespondent. A statement was also made on behalf of the petitioner that the petitioner shall deposit an amount of Rs. 75 lakhs in this Court before the next date to show their bonafides. Said statement on behalf of the petitioner was accepted. In view of said statement on behalf of the petitioner, the Respondent No. 5 was directed not to confirm the sale till the next date. It is not in dispute that accordingly, the petitioner has deposited an amount of Rs. 75 lakhs in this