- (1.) Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri Atul Mehra, learned counsel for the petitioner, Sri A.P. Srivastava, learned counsel for respondent-U.P. Housing And Development Board and learned Standing Counsel for the State-respondents.
(2.) U.P. Housing and Development Board published an advertisement on 3rd July, 2008 for sale of four plots under the category, institutional land demarcated for office only.
(3.) Petitioner, before this Court, took part in the auctions, which were held on 15th July, 2008 and offered the highest bid for plot no.14/I.N.S./Office-3 on 45 meter Road,measuring 1584.52 square meters. Bid offered by the petitioner was approved and allotment of the plot was made in his favour under letter dated 12th August, 22008 for total price of Rs. 10,78,26,586/-. Petitioner deposited only 10% of the bid money. No installments were deposited thereafter for the reason that three plots situated over Khasara No. 433/2, Village Prahlad Garhi were submit matter of suit proceedings bearing Original Suit No. 327 of 2003 instituted by one Sukhbir Singh along with others against Utter Pradesh Housing & Development Board. According to the petitioner, he was mislead by the Housing and Development Board, while assuring in the advertisement that the land was free from all encumbrances. It was brought to the notice of the petitioner that Sukhbir Singh had filed a writ petition before the High Court being Writ Petition No. 887 of 2008 (Under Article 227 of the Constitution of India (Sukhbir Singh & Others vs. Additional District Judge & Others) in the matter of grant of temporary injunction in the pending suit. The High Court had passed an order dated 18th September, 2008 to the following effect: "As interim measure, the respondents are restrained from making any auction in pursuance of advertisement dated 1.8.2008, contained in Annexure-II of the writ petition, so far as it pertains to the plot of petitioners. They are also restrained from making delivery of possession to any third party, if at all auction has been held in respect of the plot of the petitioners.";