HUKMI CHAND Vs. MUNICIPAL BOARD NOKHA

JUDGEMENT

(1.) This special appeal is directed against the order dated 11.04.2008 passed in CWP No. 5163/2006 whereby the learned Single Judge has dismissed the writ petition filed by the petitioners-appellants assailing the validity of the order dated 20.07.2006 passed by the State Government rejecting the representation made by them in relation to the auction proceedings for disposal of a parcel of land situated at Nokha, District Bikaner.

(2.) The writ petition leading to the present appeal has been in the third round of litigation concerning the disputed parcel of land situated at Ward No. 9 (Adarsh Colony), Nokha, earlier marked as Plot No. 79. The dispute has its genesis in the advertisements issued by the respondent Municipal Board, Nokha (the Board) by way of the handbill dated 12.08.1981 (Annex.1) and another handbill dated 24.09.1981 (Annex.2) for public auction of the shops and cinema land. In these handbills, the disputed parcel of land was specified as cinema land admeasuring 32000 sq.ft (200 x 160). The terms and conditions of the auction (Annex.3), contained the stipulations, inter alia, to the effect that 1/4th of the amount shall have to be deposited by the successful bidder immediately; and that after the Government sanction, the remaining amount shall have to be deposited within a month of receiving notice or within two months with 12% interest and, for failure to comply with this requirement, the sale shall stand cancelled with forfeiture of the amount.

(3.) The appellants participated in the auction held on 20.10.1981 and were found to be the highest bidders for the land in question for having offered an amount of Rs. 3,95,940/-. The appellants had deposited an amount of Rs. 7,892/-as required towards earnest money while participating in the auction and further deposited a cheque bearing number 091756 dated 20.10.1981 for an amount of Rs. 91,068/-.