R.K. Agrawal, J. - (1.) HEARD learned counsel for the parties. This writ petition has been preferred by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.7.2010 passed by the respondent No. 2/Sub Divisional Magistrate, Nizamabad, Azamgarh, (Annexure No. 1 to the writ petition) and also for a direction in the nature of mandamus directing the respondent Nos. 2 and 3 namely Sub Divisional Magistrate and Tehsildar/Auction Incharge, Nizamabad, Azamgarh, to issue a release order for the auctioned Bolero Jeep 2003 Model (Chassis No. MA -1XA2 ACB) in favour of the petitioner ensuring release of the vehicle in question from Police Station Gambhirpur, Azamgarh.
(2.) THE respondent No. 2 vide the impugned order dated 22.7.2010 had cancelled the auction dated 19.7.2010 and ordered for re -auction of the vehicle in question on the ground that the re -auction will bring more revenue to the State. The facts giving rise to the present writ petition are that the certain vehicles including vehicle in question unclaimed by their owners were seized by Station House Officer, Police Station Gambhirpur, Tehsil Nizamabad, District Azamgarh. As the seized vehicles remained unclaimed by their owners for a considerable long time, the vehicles were likely to go defunct for non -use and maintenance and their value got diminished, the Administration thought it proper to put them to public auction. Before the auction, the Regional Transport Officer, Azamgarh, was requested vide letter dated 22.5.2010 by Police Station Gambhirpur for assessing value of each vehicle. The Regional Transport Officer, Azamgarh, after making physical scrutiny and assessment of the vehicle piecewise submitted a report showing approximated reasonable value of the said vehicles. The value of the vehicle in question was assessed at Rs. 75,000/ - (Rupees seventy five thousand) only. Subsequently, the respondent No. 2 authorized the respondent No. 3/Tehsildar Nizamabad to conduct the public auction after due publication in the local daily newspapers having wide circulation in the area. The publication relating to the auction in local newspapers was made and common public interested in the vehicle in question invited to appear and bid for it in the public auction to be held on 19.7.2010. In response to the said advertisement, seven bidders including the petitioner attended the auction and made the bids. Before the bid began, a notice dated 19.7.2010 mentioning the terms and conditions of the bid was put on the board which stipulated inter -alia that each bidder shall make the security deposit of Rs. 5,000/ - before the bidding. The other terms and conditions were that 1/4th of the amount of final bid for the vehicle in question shall be deposited immediately and remaining 3/4th of the amount shall be deposited within fifteen days from the date of the aforesaid auction. It was also stipulated that the release order was to be issued only after the auction was accepted by the respondent No. 3. Accordingly, all the seven persons made the security deposit of Rs. 5,000/ - (Rupees five thousand) each.
(3.) THE auction bid continued for four rounds and ultimate bid of the petitioner to the tune of Rs. 85,000/ - (Rupees eighty five thousand) was found final after calling the bidders three times to go above it which the bidders did not do. Thus, the highest bid could not be crossed by further bid of higher value. A copy of the progress of the bid upto the highest bidding of Rs. 85,000/ - (Rupees eighty five thousand) made by the petitioner, has been annexed as Annexure No. 4 to the writ petition.;