KUSHAL SINGH Vs. GRAM PANCHAYAT CHOUTAN

JUDGEMENT

(1.) THE Gram Panchayat put the land to auction on 2nd and 3rd March, 1981 and the petitioner was the highest bidder for Rs. 9995/ -. According to Rule 263 of the Rajasthan Panchayat Samiti (General) Rules, 1961, 10% of the amount has to be deposited by the highest bidder immediately on the spot and the balance within two months from the date of auction. As against 10% the petitioner deposited 20% on the spot but the balance of 80% was deposited by him on 23rd September, 1982 that is one and half year after the auction and 16 months after the last date of deposits. The Revenue Appellate Authority set aside the auction sale on the ground that since deposit was not made within two months, the auction was void. It relied on Manilal Mohanlal Shah v. Sardar Sayed Ahmed Syed Mahmed : [1955]1SCR108 Wherein under an identical position Under Order 21 Rule 84 read with Rule 85 of the Code of Civil Procedure it was held that if the balance 75% is not deposited within fortnight, the auction sale becomes void. Against the setting aside the auction sale, the auction purchaser has filed this writ petition.

(2.) COUNSEL for the petitioner concedes that three auctions had taken place simultaneously on that date and all the three auctions were set aside on the ground that the amount was not deposited within two months. One such case came up for decision before the learned Single Judge who dismissed the writ petition and then on auction purchaser's appeal in D.B. Civil Spl. Appeal No. 64/87 Khetmal v. Collector, Banner, a Division Bench of this Court vide order dated 11th August, 1987 dismissed the appeal against the order of the learned Single Judge and held that Rule 263 of the Rules was mandatory and following the decision of Manila Mohanlal Shah's case, it was held that the sale was rightly set aside and up held the order of the learned Single Judge. In view of the aforesaid decision, we find no merit in the writ petition.

(3.) AS regards the other argument, that too has no merit.