KAPURA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The land in dispute was put to auction by respondent No. 3, Sub-Divisional Officer (C), Nuh, on July 30, 1973. The petitioner was the highest bidder and paid Rs. 6,850/- as 25 per cent of the purchase money of Rs. 27,400/- at the spot and the same was got deposited on July 31, 1973 in the Treasury. The petitioner was directed to deposit the remaining 75 per cent of the purchase money within 15 days on the receipt of the approval of the auction by him from respondent No. 2 the Collector. Respondent No. 3 the S.D.O. (C) vide his letter dated August 30, 1973 informed respondent No. 2 of the approval of the auction of the said land in favour of the petitioner. Respondent No. 3 received letter dated August 10, 1973, from respondent No. 2 for intimating the petitioner to deposit Rs. 20,550/- being 75 per cent of the purchase money in the Treasury before August 14, 1973. The S.D.O. (C) respondent No. 3 informed the petitioner through respondent No. 4 to deposit Rs. 20,550/- in the Treasury before August 14, 1973 on the evening of August 13, 1973 and further intimated the petitioner that his bid has been confirmed by respondent No. 2. It is alleged that the petitioner attended the office of respondent No. 3 on August 14, 1973 and informed him that Rs. 20,550/- will be deposited within 15 days according to the condition No. 7 of the Auction Notice. The petitioner deposited Rs. 20,550/- in the Treasury on August 27, 1973. It is further alleged that the S.D.O. (C) ordered the re-auction of the land in dispute vide notice dated February 22, 1975. It is in these circumstances that the present petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner against the re-auction notice of the land in dispute.

(2.) The sole question for determination is whether the re-auction notice issued by the S.D.O. (C) is valid and proper in the circumstances of the case and whether the highest bidder was to deposit 75 per cent of the purchase money in the treasury within 15 days after the receipt of the notice and the approval of the authority or from the date of the auction.

(3.) The contention of the petitioner is that the money was to be deposited within 15 days from the date of the approval of the auction and that the petitioner deposited the money on August 27, 1973, as informed by respondent No. 3, the S.D.O. (C), on 13th August, 1973, through a voucher prepared by the officials of respondent No. 3. Deposit of the money has been admitted by the respondents. The stand taken by State is that the money was to be deposited within 15 days of the date of the auction. Condition No. 7 of the Auction is in the following terms :-