- (1.) Heard learned counsel for the parties.
(2.) It is contention of learned counsel for the petitioner that petitioner had participated in the auction of plot measuring 450 Sq.meters at the rate of Rs.17,100/- per sq. meter. Her bid was higher. However, by the order dated 21.6.2011, her bid has been cancelled and the amount of Rs. 6,77,400/- deposited in the form of earnest money has been returned back. This order is being challenged in the present writ petition. Learned counsel for the petitioner submitted that without assigning any reason the bid has been cancelled.
(3.) Sri A.P. Srivastava, learned counsel appearing on behalf of the respondents states that Regulation 7 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 gives power to the Awas Commissioner to reject the bid on his own discretion without giving any reason. Exercising the said power the bid has been rejected. He further submitted that mere the bid of the petitioner was higher does not give a legal right to claim that her bid should be accepted. Reliance has been placed on the decision of Hon'ble Apex Court in the case of Rajasthan Housing Board and another Versus G.S. Investments and another, 2007 1 SCC 477. The Apex Court has held that the highest bidder did not acquire vested right to have the auction concluded in his favour until the Chirman of the Housing Board had passed an order to that effect.;