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ASHWANI KUMAR MISHRA, VINOD DIWAKAR
Ish Kumar Vlecha – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner alleges wrongful denial of auction participation due to procedural technicalities. (Para 1 , 2 , 3 , 5 , 6) |
| 2. the court examines the legality of the parishad's actions regarding auction tokens. (Para 7 , 8 , 11 , 20 , 26 , 32) |
| 3. failure to comply with auction procedures justified the denial of participation tokens. (Para 39 , 40 , 41 , 42) |
| 4. the writ petition is dismissed on the grounds of lack of substance. (Para 47) |
JUDGMENT :
Ashwani Kumar Mishra, J.
1. Facts of this case are unusual and disturbing. Extremely wild and contumacious allegations have been levelled against sitting and retired judges of this Court, by the petitioner in person. Criminal contempt proceedings have also been initiated against the petitioner. In order to appreciate the controversy raised in the matter, it would be apt to refer to the background facts.
2. Petitioner Ish Kumar Valecha is primarily aggrieved by the action of respondent U.P. Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as ‘the Parishad’), in not considering his application for allotment of plots in a scheme advertised by the Parishad. The petitioner initially approached this Court by filing Writ Petitio
Compliance with specific procedural conditions is essential for participation in government auctions, and failure to meet those conditions justifies denial of application.
A petitioner must meet all procedural requirements for auction participation; failure to comply permits denial of rights, especially within contempt proceedings against defamatory allegations toward ....
Unlike a stranger purchaser in a public auction, a co-sharer himself has a pre-existing right in suit schedule property. parties are given an option to go for auction to see that intrinsic value of s....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
Petitioners' failure to disclose material facts and misleading statements led to the dismissal of the writ petition, demonstrating the necessity of 'clean hands' in equitable relief.
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
The successful bidder must comply with auction tender conditions, including timely payments; failure results in losses to the Board and re-auction rights being exercised.
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