K.M. Joseph, J.

This is a batch of 21 Appeals; we are disposing of the same by a common judgment.

2. An auction was held on 07.07. 1998. This was related to the sale of the free-hold rights. The writ petitioners in this case, seven in number, were the successful tenders. In terms of the conditions of the auction Notification dated 27.07.1998, they deposited 1/4th of the amount; the balance amount was to be deposited within a period of 15 days. On 08.08.1998, the writ petitioners sought time to deposit the balance amount and requested for installment facility. An order was passed on 01.09.1998 permitting the installment facility. The Officer provided two installments. In the meantime, it appears that the writ petitioners came to know of a civil suit, which was filed by one Sri Amrik Singh, who is the appellant in seven Appeals, namely, SPA Nos. 501 of 2013, 534 of 2013, 483 of 2013, 482 of 2013, 481 of 2013, 476 of 2013 and 480 of 2013 and, who was intervener in the writ proceedings. It is the case of the writ petitioners that they came to know that the property in question, in which they have bid successfully in the auction, was the subject matter of the civil suit. It is their case, therefore, that they sought deferment of the further payment. They enlisted the order of the status quo passed by the Civil Court in order to defer payment. Suffice it to say that the writ petitioners did not pay the installments as permitted by the Authority. There is reference to various communications, which we will address in greater detail. Finally, the order was passed in the year 2012. By the said order, the auction in favour of the writ petitioners came to be cancelled. The order reads as follows:

(NAJOOL), UDHAM SINGH NAGAR

NO. 396/25/NAJOOL/…./2002

DATE: 28.9.2012

SUB: FOR CANCELLATION OF THE AUCTION/TENDER OF THE CONERNED PLOT IN RESPECT OF WHICH DUE AMOUNT OF REST BALANCE INSTALMENTS HAVE NOT BEEN DEPOSITED IN THE TREASURY FOR THE PERMITTED PLOT IN AUCTION/TENDER OF THE NAJOOL PLOT IN THE URGAN REGION, RUDRAPUR VIDE NO. 26 DATED 24.7.1998.

SH. ARUN KUMAR S/O SH. JANAK RAJ

R/O SINGLA AGRO INDIA,

B-7, INDUSTRIAL REGION,

KICHHA BYPASS ROAD,

RUDRAPUR, UDHAM SINGH NAGAR

THROUGH

EXECUTIVE OFFICER,

MUNICIPAL CORPORATION,

RUDRAPUR (UDHAM SINGH NAGAR).

With reference to the above subject and letter No. 131/25/NAJOOL/F.H.A. (26)/2001 dated 6.6.2001 of this office, please be referred to your application dated 25.6.2001. In this regard, you will be familiar with the fact that the industrial Plot No. 26, area 426.00 sq. mt, situated in Revenue Village & Industrial Region, Rudrapur, Mohalla Kheda, Ward No. 14, dated 24.7.1998 for the highest bidders amount of Rs. 4,56,789.10. And in this regard, you deposited in the Treasury its 1/4th amount i.e. Rs. 1,14,289.10 vide challan No. 52 dated 28.7.1998 and the rest balance due amount of Rs. 3,42,500 to be deposited in two installments on 23.1.1999 and 23.7.1999 has not been paid in the Treasury. Consequently, due to violation of terms and conditions of the said auction, the permission for the highest bidder amount of the concerned plot in your favour, given on 24.7.1998 in the auction / tender, has been cancelled by the Collector, Udham Singh Nagar, on the basis of the legal opinion dated 22.9.2012 by the District Govt. Advocate (Civil), Udham Singh Nagar and the aforementioned amount of Rs. 1,42,289.10, deposited by you in the Treasury has been seized in favour of Govt. Be informed accordingly.

UDHAM SINGH NAGAR

Copy to:

1. Forwarded to Executive Officer, Municipal Corporation, Rudrapur for information and to ensure the necessary action as per rules.

Sd/-

ADDITIOINAL DISTRICT MAGISTRATE (NAJOOL)

UDHAM SINGH NAGAR”

3. It is feeling aggrieved that the writ petitions came to be filed seeking the following reliefs:

“(i) To issue a writ in the nature of certiorari quashing the impugned letter / order dated 28-09-2012/5-10-2012 issued by the Additional District Magistrate / Collector (Nazul), Rudra