DEV NARAYAN MANDAL Vs. STATE OF U.P. AND ORS

Tags Land And Disputes
Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6697 of 2016, Judgment Date: Jul 25, 2016
                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 6697 OF 2016
               [@SPECIAL LEAVE PETITION (C) NO. 17102 OF 2016]

      DEV NARAYAN MANDAL                           Appellant (s)

                                VERSUS

      STATE  OF U.P. AND ORS                       Respondent(s)

                               J U D G M E N T
KURIAN, J.

1.    Leave granted.
2.    In the nature of the order we propose to pass, it is not necessary  to
go into the factual details of this case.  There were certain disputes  with
regard to the allotment of two plots.   The  respondents,  in  view  of  the
alleged non-diligence on the  part  of  the  appellant,  had  cancelled  the
allotment and taken steps for fresh auction.
3.    When the matter came up before this Court on 18.07.2016,  we  directed
Respondent Nos. 2 and 3  to  go  ahead  with  the  auction,  permitting  the
appellant also to participate in the auction.
4.    An affidavit has been filed on behalf of Respondent Nos. 2 and 3.   It
is submitted that the appellant herein  was  the  highest  bidder  for  both
plots and that the respondents have no objection, in principle, in  granting
the bid in favour of the appellant, being the highest bidder.

5.    Therefore, this appeal is disposed of,  directing  Respondent  Nos.  2
and 3 to take further steps to finalise the auction  proceedings  within  15
days from today.  The appellant shall make the required  token  deposit  for
each  plot,  after  adjusting  the  amount  already   deposited   with   the
authorities.  The amount of deposit will carry interest at the  rate  of  9%
from the date of deposit.
6.    We further make it clear that in the event of default on the  part  of
the appellant in depositing the earnest money, as above, or  in  making  the
balance  payment  as  per  schedule,  the  bid  shall  stand  cancelled  and
Respondent Nos. 2 and 3 will be at liberty to go for fresh  auction  and  in
that event, the money deposited by  the  appellant  shall  stand  forfeited.

      No costs.
                                                   .......................J.
                                                        [ KURIAN JOSEPH ]

                                                   .......................J.
                                                [ ROHINTON FALI NARIMAN ]

      New Delhi;
      JULY 25, 2016.
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