Ran Vijai Singh, J. - (1.) IMPLEADMENT application filed today is taken on record. Heard Sri Rajendra Rai, learned Counsel for the petitioner, learned Standing Counsel appearing for the State -respondents, Sri Vijai Bhan Singh holding brief of Sri R.C. Upadhyaya, learned Counsel for the Gaon Sabha and Sri R.P. Singh alongwith Sri S.N. Upadhyaya, who have filed impleadment application on behalf of Gajendra Singh and Mahendra Singh.
(2.) THIS writ petition has been filed with the following prayers: "1. issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 12.7.2014 published in daily Hindi Newspaper 'Hindustan' insofar as pond having plot No. 2301/1 (correct number is 2301/1/1) is concerned. 2. Issue a writ order or direction in the nature of Mandamus directing the respondent Nos. 3 and 4 to extend the auction date beyond 16.7.2014 as the Hon'ble Court may deem just and proper. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(3.) AWARD cost of the writ petition in favour of the petitioner." 3. On 16.7.2014 this Court has passed the following order: "Heard Sri Rajendra Rai, learned Counsel for the petitioner, learned Standing Counsel and Counsel for the Gaon Sabha. The entire ground of challenge is that the advertisement was made on 12.7.2014 fixing the date 16.7.2014 for auction. In the submission of learned Counsel for the petitioner, this is in teeth of Article 14 of the Constitution of India as equal opportunity has not been offered to the similarly situated persons. Prima facie, I find substance in the submissions of learned Counsel for the petitioner. Learned Standing Counsel is directed to seek instructions in this matter. As prayed, put up this case on 30.7.2014 as fresh. In the meantime, the auction scheduled may be held, but it shall not be given effect to till 30.7.2014. Learned Standing Counsel as well as Counsel for the Gaon Sabha are directed to inform this order to the Collector concerned, who may in due course, shall transmit the same to the concerned authorities." 4. Pursuant thereto learned Standing Counsel has obtained instruction and shown it to the Court. In his submission there is no factual dispute with regard to the date of advertisement and date of auction. In his submission the writ petition is not maintainable for the simple reason that the petitioner is a defaulter as he had not observed the conditions of the lease granted in his favour in the previous years.;