Advocates:
['VINAYAK MITHAL', 'C S C', '', 'PANKAJ SRIVASTAVA']

AFR

Court No. - 21

Case :- WRIT - C No. - 41628 of 2018

Petitioner :- Ashwani Pratap

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Vinayak Mithal

Counsel for Respondent :- C.S.C.,Pankaj Srivastava

Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dinesh Pathak,J.

Heard Sri Vinayak Mithal, learned counsel for the petitioner,

learned standing counsel for respondents No. 1, 3 and 4, Sri

Pankaj Srivastava for respondent No. 2 and perused the record.

At the outset, Sri Vinayak Mithal, learned counsel for the

petitioner states that he does not wish to rebut the additional

counter affidavit filed on behalf of the second respondent and

prays that the instant petition be heard and decided.

The facts, which are not in dispute, are that the respondent

Nagar Nigam issued an advertisement on 16.10.2004 inviting

bids for auction of 25 plots to be settled on lease hold basis.

One Jai Prakash Agarwal was the highest bidder for plot No.

604 as he had offered a premium of Rs. 23,50,000/- for

obtaining the lease. It seems that twenty five percent of the

premium amount was deposited by him on 22.12.2004 as

earnest money on fall of the hammer. As per terms of auctio