1. - This appeal impugns the decision of learned Single Judge dated November 17, 1997 allowing the writ petition of M/s. Anokhi Builders Pvt. Ltd., respondent herein (for short Builder’), quashing the auction of plot held on August 5, 1996 by Jaipur Development Authority Jaipur, appellant herein, (for short ’JDA’) and directing JDA to refund sum of Rs. 18 lacs (the amount forfeited by JDA) to the Builder with interest.Contextual Facts :

2. Plot No. 7 situated at Indra Palace, Malviya Nagar Jaipur was to be auctioned by JDA for commercial purposes and building was allowed to be raised upto height of 30 mtrs. A brochure containing terms and conditions of the auction was distributed amongst all the persons participating in auction. Every participant was required to deposit Rs, 3 lacs as earnest money. The highest bidder had to deposit 5% of the total amount at the spot and 10% of the total amount within 24 hours from the tentative acceptance of the bid. It was clearly stated in the terms and conditions of auction that in case amount of 10% was not deposited within 24 hours, the amount already deposited by the bidder shall stand forfeited.

3. The Builder participated in the auct