Pradeep Kant, B.B.Agarwal, JJ. - (1.) Heard the learned counsel for the petitioner Sri Mohd. Arif Khan and Sri Vinay Jeet Lal Verma for the State.
(2.) The petitioners are the purchasers of plot no. 1191 having an area of 206.63 sq. mtrs. situated at Qasba Islamnagar, Tehsil Bilsi, District Badaun and feel aggrieved by inaction on the part of the respondents in not delivering them the actual possession of the land in question, despite sale deed having been executed and a final order dated 1.10.03 having been passed in writ petition no. 5058 (MB) of 2003.
(3.) In short the necessary facts are that a notice was published by the Additional District Magistrate in local daily ''Dainik Prakashan Prakash' on 22.5.03 inviting offers through tenders for the auction of the Nuzul plot aforesaid. In response to the said notice, the petitioners submitted their tender for Rs. 14,15,000/-. The bid of the petitioner being the highest, was accepted by the Additional District Magistrate on 15.5.03. The petitioners were required, by means of letter dated 24.5.03, to deposit the balance amount within 15 days as the 1/4th amount was deposited earlier as per the terms of the agreement. On 31.5.03, the District Magistrate, Badaun, addressed a letter to the Sub Registrar for registration of the sale deed. The sale deed was duly executed and was registered on 31.5.03 itself.;