RAJ HOUSING BOARD Vs. SHRI CHANDAR SHEKHAR SHARMA

JUDGEMENT

(1.) THE appellant-Rajasthan Housing Board has preferred this appeal against the judgment and order of the learned Single Judge passed in S. B. Civil Writ Petition No. 7122/2004 dated 13. 10. 2004 by which the learned Single Judge relying upon the reasonings assigned in S. B. Civil Writ Petition No. 3415/2002 dated 4. 8. 2004 was pleased to grant liberty to the petitioner, who is respondent herein to file fresh representation before the respondent i. e. , Rajasthan Housing Board and further directed to consider his representation after which it was directed to issue demand notice for the balance amount of bid which had been accepted by the Rajasthan Housing Board.

(2.) TO make the position clear, it is relevant to state that the appellant Rajasthan Housing Board had held an auction for allotment of plots where shops were to be constructed. The auction proceeding was held for this purpose on 20. 2. 2002 and several plots were auctioned on the said date. After completion of the auction proceeding, certain persons were held as successful bidders for allotment of the plots out of which respondent herein was also one of the successful bidder alongwith several other persons, One G. S. Investment was also held to be the highest bidder for another plot and the respondent herein was also one such bidder for a different plot. After acceptance of the amount from the successful bidders i. e. , highest bidders, a part of the amount was also accepted by the Rajasthan Housing Board on the same date i. e. , 20. 2. 2002. Suddenly, after few months, the bid was cancelled in the month of April by the Housing Board. One of the highest bidders, G. S. Investment filed S. B. Civil Writ Petition No. 3415/2002 challenging the cancellation of the bid and the said writ petition was allowed by order dated 4. 8. 04 against which the Rajasthan Housing Board preferred an appeal before the Division Bench bearing D. B. Civil Special Appeal No. 589/2004. This appeal preferred by the Rajasthan Housing Board was dismissed by the Division Bench by order dated 23. 9. 2004. The Rajasthan Housing Board then preferred a review petition before the Division Bench against this order, but the same was also rejected. Thus, the judgment and order of the Division Bench has become final upholding the validity of the auction proceeding in regard to the allotment of several plots.