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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEET PUROHIT
Heera Lal Saini, S/o. Shri Jeevan Ram Siani – Appellant
Versus
State Of Rajasthan, Through Its Secretary, Rural Development Department – Respondent
ORDER :
SANJEET PUROHIT, J.
1. The present matter came up for consideration of the application filed under Article 226(3) of the Constitution of India for vacation of the interim order dated 19.12.2024.
2. At the request of counsel for the parties, the matter is taken up for final disposal.
3. The petitioners have preferred this writ petition inter alia praying for quashing of the Public Notice dated 06.12.2024, whereby the Shop Nos. A-2 to A-5 were put to auction to be given on rent by the Gram Panchayat, Geejgarh, Panchayat Samiti Sikrai, District Dausa (hereinafter referred to as "respondent - Gram Panchayat"), so also for a direction to be issued to the respondents to hand over the Shop Nos. A-2 & A-4 (hereinafter referred to as "shops in question") to the petitioners back on the same rent.
4. Counsel for the petitioners stated that the Shop Nos. A-4 & A-2 were given on rent by the respondent - Gram Panchayat since year 2001-02 and the petitioners duly paid rent to the respondent - Gram Panchayat.
4.1 On 06.02.2024, the respondent No. 4 by issuing a notice directed the petitioners to hand over the possession of the shops in question as the shops in question were in dilapidated condit
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.
If the impugned auction is not interfered with, it would amount to upholding partial auction and permitting perpetuation of illegality, which would be contrary to the Act and the Rules.
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
Point of Law : Special Officer is empowered to conduct auction to the leasehold rights of the shops of the Gram Panchayat in the interest of it’s revenue in exercise of powers vested under Section 14....
A party must participate in auction proceedings to have the standing to challenge them; non-participation negates any locus standi.
The main legal point established in the judgment is the importance of approaching the court with clean hands and the consequences of suppression of material facts.
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