PREM SHANKAR ASOPA
Anukampa Avas Vikas Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent
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 (!) (!) (!) (!)
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
Jai Bhawani Timber vs. State of M.P. (AIR 1992 MP 250) 16
State of MP vs. G.L. Patel and Co. (AIR 1997 MP 74) 16
Lamba Industries vs. Union of India and others (1991) 2 SCC 407) 16
K.S.Rasheed & Sons vs. Income Tax Investigation Commissioner (AIR 1954 SC 207) 17
Union of India vs. T.R.Verma (AIR 1955 SC 425) 17
K.S. Ventatraman & Com. Pvt. Ltd. vs. State of Madras (AIR 1966 SC 1089) 17
Siliguri Municipality vs. Amalendu Das (AIR 1984 SC 653) 17
A. Venkatsubhhiah Naidy vs. S. Chellappan (AIR 2000 SC 2573) 17
LL Subhakar Reddy vs. State of Andhra Pradesh (2001) 6 SCC 634) 17
S.S. Satguru vs. State of Maharashtra (2001) 8 SCC 509) 17
Pratap Singh vs. State of Haraya (2002) 7 SCC 484) 17
Titaghur Paper Mills Ltd. vs. State of Orrisa (AIR 1983 SC 603) 17
State of Himachal Pradesh vs. Gujarat Ambuja Cement Ltd. (2005) 6 SCC 499) 17
Chanan Singh vs. Registrar, Coop. Societies
Jagdish Kumar Sinha vs. The State of Rajasthan and others (1980 WLN 1) 18
Mulraj vs. Murti Raghunathji Maharaj (AIR 1967 SC 1386) 20
Ganesh Mal Surana vs. State of Raj. (AIR 1996 Raj. 222) 20
Anil Kumar and others vs. State of Raj. (AIR 1998 Raj. 202) 20
AM Alison vs. B.L. Sain (AIR 1957 SC 227) 20
Venkateshwara Rao vs. Govt. of A.P. (AIR 1966 SC 828) 20
Gani Mohd. vs. State (1976 WLN 174) 20
Rajasthan Housing Board vs. G.S. Investment (2007) 1 SCC 477) 20
L. Hirday Narain vs. Income Tax Officer
Whirlpool Corporation vs. Registrar of Trade Marks (1998) 8 SCC 1) 25
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