RAJASTHAN HOUSING BOARD Vs. G S INVESTMENTS

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been filed challenging the judgments and orders dated 4.8.2004 of a learned single Judge of Rajasthan High Court by which the writ petition filed by respondent No. 1 M/s. G.S. Investments was disposed of with certain directions and also the order dated 23.9.2004 passed by the Division Bench by which the special appeal preferred by the appellants against the said order was dismissed at the admission stage. The appellants have also challenged the order dated 4.4.2005 which was passed in the contempt petition initiated by the respondent No. 1.

(3.) The appellant No. 1 Rajasthan Housing Board published an auction notice on 3.2.2002 for auction of 50 commercial plots in the Mansarovar Scheme, which was followed by another auction notice dated 19.2.2002. The auction was conducted on 20.2.2002 in which M/s. G.S. Investments (respondent No. 1) made the highest bid @ Rs.5750/- per square meter. A news item was published in some newspaper that large scale bungling had been done in the auction due to which the price fetched for the plots in question was much below the market rate. The State Government issued a direction on 22.2.2002 summoning the records and staying all further proceeding relating to auction of the plots. Thereafter, an order was passed by the State Government on 20.3.2002 directing that the officers of the Rajasthan Housing Board, who were responsible for conducting the auction, be placed under suspension and in future no auction shall be conducted through the agency of Satish Auction House which had conducted the auction on 20.2.2002 or through any other auction agency. After a detailed consideration of the matter, including the report of the Financial Commissioner which showed that in the past plots in the said area had fetched a price of Rs.10,000/- per square meter, the State Government passed an order on 3.4.2002 disapproving the auction held on 20.2.2002 and a further direction was issued for holding a fresh auction. On 23.4.2002 the appellant No. 1 sent a communication to respondent No. 1 that the auction held on 20.2.2002 had been cancelled and it may produce the original receipt regarding deposit of the amount so that the same may be refunded to it. Feeling aggrieved by the aforesaid communication, the respondent No. 1 M/s. G.S. Investments filed a writ petition in the High Court which was admitted by a learned single Judge on 29.5.2002 and an interim order was passed that in the meanwhile no order prejudicial to the writ petitioner shall be passed. The writ petition was contested by the appellant on various grounds by filing a counter affidavit. The learned single Judge by a short order dated 4.8.2004 disposed of the writ petition and the relevant portion of the order is being reproduced below: "I have carefully examined the orders impugned. It appears that no opportunity of hearing was given to the petitioner by the respondents whereas the petitioner is willing to deposit the balance amount according to the terms and conditions. Consequently, the impugned orders dated 23.4.2002 and 2.5.2002 are hereby quashed and set aside. The petitioner is directed to file fresh representation before the respondents. The respondents are directed to consider the representation of the petitioner and shall issue the demand note of balance amount after filing of representation by the petitioner within a period of one month. With the aforesaid observation, the writ petition stands disposed of." The appellant preferred a special appeal against the order of the learned single Judge before the Division Bench of the High Court which dismissed the same at the admission stage on 23.4.2004 observing as under :