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2010 Supreme(SC) 552

AFTAB ALAM
Rakesh Kumar Goel etc. – Appellant
Versus
U. P. State Industrial Development Corporation Ltd. – Respondent


JUDGMENT

Aftab Alam, J.—

1.Leave granted.

2.On the writ petitions filed by the UP State Industrial Development Corporation (respondent no.1) the Allahabad High Court set aside the auction sale of two pieces of land made in favour of the appellants. The High Court held that the auction sale of the two plots was a nullity because in violation of rule 285-D of the UP Zamindari Abolition and Land Reforms (UPZALR) Rules, 1952 the appellants did not deposit one fourth of their bid amounts immediately on the conclusion of the auction, but deposited the requisite amounts on the following day. Having thus held the auction sale legally untenable, the High Court did not advert to the other circumstances and the manner in which the auction sale was held.

3.The appellants came to this court taking the plea that they had deposited one fourth of their bid amounts on the day the auction was held and the decision of the High Court was based on a patent error of law. Even while challenging the judgment of the High Court, the appellants were anxious to not enlarge the issues and to confine the case to the very limited question whether or not the requisite amounts in terms of rule 285-D were deposited on













































































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