A.K.Yog, J. - (1.) Ram Sakal Pasi (petitioner before us) has approached this Court by filing writ petition under Article 226, Constitution of India, praying following reliefs: " It is, therefore, Most Respectfully prayed that this Hon'ble Court may be pleased to:- (i). issue a writ, order or direction in the nature of Certiorari quashing the order passed by the respondents dated 6th July, 1991 for fixing the auction date as 17th August, 1991 (Annexure-1 to the writ petition}; (ii). issue a writ, order or direction in the nature of Mandamus directing the respondents to issue sale certificate in favour of the petitioner in pursuance of the auction sale dated 3rd July, 1991"
(2.) In brief, the petitioner has come to this Court pleading that the properties belonging to M/S R.K. Bulb Industries Limited, Mau Nath Bhanjan/Respondent No. 3 were sought to be auctioned in lieu of recovery of loan amount which the Respondent No. 3 had taken and unable to pay; a part of recovery proceedings, properties of Respondent No. 3 were attached and auction proceedings initiated; initially 28-1-1991 was fixed for auction; petitioner, being the highest bidder, offered Rs. 2,00,100/- and deposited Rs. 50,025/- on 28-1-1991; he was required to pay balance amount in two weeks; petitioner, however failed to pay and March 30, 1991 was fixed for auction but no bidder came forward; again 3-7-1991 was fixed (learned counsel for the petitioner concedes that said date has been wrongly mentioned inadvertently and the same should be read as 3-6-1991); the petitioner was again the highest bidder having offered Rs. 2,00,200/-; petitioner deposited Rs. 50,050/- at the fall of hammer; according to the petitioner he also deposited balance amount on 17-7-1991; the respondent Authority did not confirm auction-sale and proceeded to consider the matter for one time settlement; it appears again auction-sale of the land belonging to Respondent No. 3 was proposed for 17-8-1991 vide order dated 16-7-1991 passed by Sub Divisional Magistrate (Sadar) Maunath Bhanjan/Respondent No.2. (Annexure-1 to the petition) and the petitioner being aggrieved has approached this Court.
(3.) Respondent Nos. 1 and 2 filed no counter affidavit whereas M/S R.K. Bulb Industries Ltd. has filed counter affidavit. U.P. Financial Corporation, Gorakhpur ( for short ''UPFC'), added as Respondent No. 4 under order of Court dated 13-12-1993 has also filed counter affidavit. Petitioner has filed rejoinder affidavit against aforesaid counters.;