R. R. K. TRIVEDI, J.

Heard -learned counsel for petitioner and Shri I. S. Singh, learned Standing Counsel. Both the learned counsel have agreed that this petition may be decided finally at this stage.

2. Facts giving rise to this petition are that auction of shop/accommoda tion, situate in Court compound in town Roorkee, for 1991-92 was held on 16-3-1991. The bid of the petitioner for Rs. 47,200 was found highest and consequently it was accepted. This auction was confirmed by the Collector on 30-3-1991 and petitioner was allowed to work from 1-4-1991. He deposited the first instalment of Rs. 11,800. The remaining amount was payable in three ins talments to be deposited in the months of July and October, 1991 and January, 1992. The petitioner committed default in payment of the amount which is being sought to be recovered from him as land revenue arrears, chal lenging which he filed Original Suit No. 33 of 1993 in the Court of Civil Judge, Roorkee. In para 6 of the plaint of this suit, it has been stated that at the time of the auction, the Sub-Divisional Magistrate had given an assurance to persons willing to participate in auction that a second canteen will not be opened in the co

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