Ajay Rastogi, J. - (1.) INSTANT petition has been filed by Jaipur Development Authority ("JDA"), assailing the order dt. 12/08/2009 whereby the JDA Appellate Tribunal has directed the JDA to refund the amount of auction bid deposited by respondents -2 to 4. alongwith interest @ 12% on the premise that despite auction purchasers having deposited total bid amount the authority (JDA) was unable to hand over vacant & peaceful possession of the property in question.
(2.) THE NIT was issued by petitioner JDA on 27/01/2006 for auction of certain farm houses in which respondents -2 to 4 had also participated and being highest bidder, their bid was accepted and total bid amount indisputably was deposited by them on 08/02/2006, details whereof have been referred to by respondents in para No. 1 of their Reference application filed before the Tribunal. After the total bid amount in terms of the NIT was deposited by respondents, it was obviously expected from the authority, in whom the people still have a faith that the vacant & peaceful possession of the property in auction will be handed over to its purchasers. But it appears that one Vasudev Singhi filed revenue suit and in appeal preferred before revenue appellate authority, interim stay order was granted on 04/02/2006 and it was held that the land in dispute belonged to Bhonri Devi - on account of which, respondents (auction purchasers) were dispossessed from the land in dispute - possession of which at one time was handed over by the JDA.
(3.) SINCE respondents were not holding possession of the land in dispute having been purchased in an open auction held by the JDA and the money having been deposited with the JDA, was also not refunded, at this stage, an appeal was preferred by respondents (auction purchasers) before JDA appellate Tribunal and after adjudication the Tribunal finally directed the JDA (petitioner) vide order dt. 12/08/2009 to refund the total bid amount of Rs. 7475845/ - deposited by auction purchaser along with interest @ 12% from the date it was deposited till actual payment of refund, against which the present petition has been filed by the JDA (petitioner).;