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SIDDHARTHA VARMA
Ram Sagar Alias Sagar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Brief facts of the case are that an advertisement with regard to auction of the pond over Plot No.353 situate at Village Daulatpur, Tehsil-Meh Nagar, Police Station-Meh Nagar, District-Azamgarh, was published in the newspaper on 24.07.2019. The auction took place on 28.08.2019 in which there were three bidders, namely, Dinesh, Rakesh and Ram Sagar (the petitioner). Dinesh made a bid of Rs.1,10,000/-per year; Rakesh made a bid of Rs.1,05,000/-per year and the petitioner Ram Sagar made a bid of Rs.12,000/- per year.
2. Admittedly, amongst the various bids, the bid of Rakesh was found to be the highest and, therefore, he was required to deposit 25 per cent of the bid amount. When the highest bidder Rakesh and the second highest bidder Dinesh did not deposit the amount, the petitioner claimed a right to get the allotment as he was the only bidder who was then available for getting the allotment. Thereafter, the petitioner was asked to deposit the amount as per the bid and on 24.10.2019, the petitioner also deposited Rs.1,20,000/-for a complete tenure of ten years as is clear from the receipt which is annexed as Annexure No.2 to the writ petition. Thereafter, it appears that
When as per auction, highest bidder could not deposit the 25 per cent of bid amount which was required to be deposited by him then there was no other option left with authorities but to re-auction po....
The court confirmed that auction sales are valid if proper procedure is adhered to, even when the bid amount decreases, provided that no statutory requirements are violated.
The eligibility criteria for fishery lease allotment as per Rule 57 of U.P. Revenue Code Rules, 2016 must be met for a valid allotment.
Exercise of fishery rights without approval is illegal, and lack of approval for the bid results in the absence of an enforceable right.
Point of law: provisions of Rule 57(8) of the Rules, 2016 are ultra vires Article 21 of the Constitution is concerned, that is completely misconceived because fishery lease is obtained not merely to ....
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
The borrower failed to apply to the Recovery Officer to set aside the auction sale on the grounds of material irregularity, mistake or fraud in publishing or conducting it within a period of thirty d....
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