- (1.) In this writ petition, the petitioner, who is an auction purchaser, has challenged the order dated 18th May, 2011 passed by the District Magistrate, Saharanpur, respondent no. 2 herein, whereby he has cancelled the auction held on 18th April, 2011 in respect of Khair trees and directed for holding a fresh auction in accordance with law. The petitioner has further prayed for a direction upon the respondents to grant permission to the petitioner for felling of trees, after permitting the petitioner to deposit the remaining bid amount.
(2.) Petitioner's case is that Gram Panchayat Mahmudpur, Tehsil Behat, District Saharanpur while considering a proposal to give the land of Plot No. 3/6 situated in Revenue Village Sherullahpur of such Gram Panchayat to the State Government free of cost for establishment of Sports College, also considered to sell the Khair trees standing on the said land by public auction to utilize the money received for development of the village. Resolution to the said effect was taken by the Gram Panchayat on 05th November, 2008. On 28th December, 2010 the concerned Block Development Officer had informed the Divisional Director, Social Forestry Division, Saharanpur about such resolution and for permission and necessary action, when on 21st March, 2011 such Divisional Director wrote to the District Magistrate, Saharanpur requiring information whether ownership of the trees standing on the said land are lying with the Gaon Sabha or with the Sports Department. In response to such query, on 01st April, 2011 the District Magistrate, Saharanpur informed that the trees belong to Gaon Sabha. Thereafter, on the basis of spot inspection done by the Sub-Divisional Forest Officer, the Divisional Director informed the Block Development Officer by its letter dated 11th April, 2011 that number of trees standing on the land in question is 2693 and estimated value thereof is Rs.44,10,900/-. Subsequent thereto, on 13th April, 2011 the Block Development Officer granted permission to the Pradhan of the Gram Panchayat to auction the trees on certain terms and conditions. According to the petitioner, as per Rule 115-S of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter in short called as the ''Rules, 1952'), the Gaon Sabha got the advertisement and publication of auction done in the circle of the Gaon Sabha by beats of drum giving description of the property to be auctioned. As per statutory requirement, steps were taken for publication of auction notice in the newspapers "Dainik Jagran" and "Amar Ujala". Necessary announcement of notice was also made by mike of local mosque etc. One of the conditions of such auction was regarding deposit of Rs. 4 lacs by each of the participants. Accordingly, auction was held on 18th April, 2011, wherein 18 persons participated. The petitioner had fulfilled the conditions and the petitioner's bid of Rs.44,21,000/- was declared as the highest bid by the auctioning authority. As per the condition, the petitioner immediately deposited Rs. 11,05,250/-, being 1/4th of the auction amount, and obtained a receipt. Therefore, auction became final in favour of the petitioner. However, between 19th to 25th April, 2011 some persons, not being residents of the concerned village, made a complaint to the Chief Minister, Government of Uttar Pradesh and upon being forwarded, the complaint was entertained by the Minister, Basic Education, who directed the Additional Commissioner, Saharanpur Division, Saharanpur to get an enquire done into the matter and take necessary action. On 01st May, 2011 the petitioner wrote a letter to the Block Development Officer with regard to deposit of the balance amount and for granting permission to fell the trees and further requested that the trees should be protected in order to secure them from being felled illegally by some other persons. However, on 18th May, 2011 without giving any show cause notice or opportunity of hearing to the petitioner, the District Magistrate, Saharanpur has passed the impugned order, thereby cancelling the auction. Against such background, the petitioner has filed the present writ petition.
(3.) According to the petitioner, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter in short called as the ''Act, 1950') read with the Rules, 1952 is a complete code. Rule 115-S of the Rules, 1952 is not only prescribing the procedure for holding auction but also manner in which the objection, if any, is to be considered with regard to public auction.;