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2012 Supreme(AP) 1284

PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
Hyderabad Urban Development Authority, reconstituted as Hyderabad Metropolitan Development Authority – Appellant
Versus
IBC Knowledge Park Pvt. Ltd. , Represented by its Managing Director, Yunus Zia – Respondent


Advocates appeared:
For the Appellants:Advocate General.
For the Respondents: T.N. Subramanian, Senior Counsel.

JUDGMENT

1. Whether, in the realm of private contracts, not involving statutory provisions, an auction purchaser who is declared successful bidder in a public auction conducted by the State through its instrumentality, for sale of land owned by it, but failed to pay the balance sale consideration in terms of the terms and conditions of agreement and provisional order of allotment, on the plea that litigation had ensued as to the title of the property, can maintain a writ petition under Article 226 of the Constitution of India for refund of the amount deposited with interest, is the question involved in this batch of appeals filed by the Hyderabad Metropolitan Development authority against the order of the learned single Judge directing refund of the amount deposited within three months.

2. While W.A.Nos.477, 478, 479, 480, 481, 482, 484, 485 and 954 of 2010 are directed against the common order passed in W.P.No.18341 of 2009 and batch dated 22.4.2010, W.A.Nos.650 and 808 of 2010 are directed against the order dated 14.6.2010 passed by the learned single Judge in W.P.Nos.28553 and 28566 of 2009 respectively allowing the writ petitions in terms of the order passed in W.P.No.18341 of


























































































































































































































































































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