DATARAM Vs. STATE OF M P

JUDGEMENT

(1.) The petition took part in auction proceedings. He deposited one fourth of the bid money. This bid money/stands forfeited as according to respondents he did not deposit the balance of the three fourth amount. The case of the petitioner is that his bid was never accepted and the order of forfeiture is without jurisdiction. He has thus challenged order by which one fourth amount deposited by him was forfeited.

(2.) The facts in brief are as under :

(3.) An auction was held with regard to the godown situated at Kailaras on 31-12-1975. The bid was for Rs. 50,200/-. The highest bidder was the petitioner Dataram. He deposited l/4th money amounting to Rs 12 550/-on 31st December, 1975. However, the concerned officer formed an opinion that the property has not been auctioned at its legitimate value as one Lakhmichand used his influence and asked other prospective bidders not to take part in auction. A view was formed that if the godowns are reauctioned, it may fetch more price. This becomes apparent from Annexure P-3. The same opinion was formed by the superior authority. This is apparent from Annexure P-4. Notice was taken of the fact that one fourth amount stands deposited. It was, however, mentioned that the auction seems to be on the lower side. It was recorded that there was a possibility to fetch higher price in case the godown is reauctioned. Therefore, sanction was sought for reauctioning the godown. This is apparent from Annexure P-4 dated 2nd January, 1976. It appears that in pursuance of the decision so taken, the godown in question was reauctioned on 7th of January, 1976. There is nothing on the record to indicate that the petitioner took part in the auction so held on 7th of January, 1976. Again there is nothing on the record to indicate as to whether the bid given by the petitioner was ever accepted. As the godown in question was reauctioned on 7th of January, 1976 and as there is nothing on the record to indicate that the present petitioner took part in the aution proceedings which were conducted on 7th of January, 1976, it would be presumed that the proceedings conducted to auction the godown on 31st December, 1975 were not given effect to.