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2008 Supreme(Raj) 966

PREM SHANKAR ASOPA
Anukampa Avas Vikas Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.M. Mehta, Kamlakar Sharma and R.S. Mehta, for Petitioners;
Bharat Vyas, Addl. AG for Respondents.

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - Question of whether absence of prior notice before cancellation of a sale/lease registry violates natural justice and whether alternative remedy bars writ petition [references discuss: paras (a)-(d); sections on natural justice and bar of writ, including Gujarat Ambuja Cement Ltd. and Whirlpool principles] (!) (!) (!) (!) - Whether a party who held auction in violation of an interim status-quo order has rights affecting subsequent purchasers and whether interim orders merge or become non est upon final dismissal (!) (!) (!) (!) - Whether a party to a registry can cancel after execution/delivery or must seek civil cancellation for illegality, and whether revival of auction restores illegality or not; and whether the sale/lease deed remains in force despite cancellation actions (!) (!) (!) (!)

Question 1?

Question 2?

Question 3?


Judgment

Hon'ble ASOPA, J.—By the instant writ petition, the petitioners have initially prayed for a writ of prohibition or any other appropriate writ, order or direction in the nature thereof restraining the respondents from interfering in the peaceful possession of the petitioners and further restraining them from taking any action to dispossess the petitioners from the property in question situated at S-1, Poultry Farm, Ajmer Road, Jaipur measuring 7000 Sq. Metres. The petitioners have also prayed for payment of Rs. 50,000/- as damages for breaking down the entry gate in question and causing mental harassment.

(2). On disclosure of the fact that vide order dated 4.3.2006 the lease deed dated 17.10.2005 which was duly registered on 18.10.2005, as corrected on 19.1.2006, has been cancelled and the amount of Rs. 1,93,08,001/- was also refunded vide Cheque No. 770731 and the possession was also taken and further when the petitioners refused to receive the same then the order was affixed at the premises in question. Subsequently also, the said order dated 4.3.2006 was sent through registered post. The petitioners filed rejoinder and submitted that after execution of the sale/lease deed


























































































































































































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