ARUN KUMAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) Since in all the writ petitions identical questions of facts and law are involved, therefore, all the writ petitions are being taken up and are being disposed of by this common judgment with the consent of the learned counsel appearing for the parties.
(2.) Undisputedly, the land in question, is a nazul land owned by the State Government, however, managed by Municipality. Undisputedly, State Government as per the free hold policy, issued an advertisement on 9th July, 1998, annexure-3 to the writ petition, inviting tenders for selling the nazul land. As per condition No.4 of the tender notice/notification, annexure-3, 1/4 of the bid amount was required to be deposited then and there and balance amount had to be deposited within next 15 days. Advertisement / tender inviting notice, annexure- 3 to the writ petition, clearly stipulates tender may be cancelled by Additional District Collector without assigning any reason. Petitioners submitted their respective tenders. Petitioners were found highest bidders. 1/4 of the bid amount was deposited by the petitioners within the stipulated time.
(3.) Having submitted tender, petitioners came to know that litigation is pending pertaining to the auctioned land before the competent Civil Court.;
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