- (1.) THIS petition has been filed has been filed with the prayer that the auction proceedings conducted by the Rajasthan Housing Board (herein after "the Board') on 19-10-2011 in respect of a strip of land admeasuring 3 x 18 meters falling between Plot No.6/44, belonging to the petitioner, and Plot No.6/43 belonging to respondent No.5, Subhash Gera, in the North East Block Scheme of the Board at Alwar be declared null and void and be set aside, and the strip of land admeasuring 3 x 18 meters falling on the eastern side of Plot No.6/44, belonging to the petitioner in the North East Block Scheme Alwar be allotted to the petitioner and that the notice dated 28-12-2011 issued by the Board directing the petitioner to remove his encroachment from the said strip of land be quashed and set aside.
(2.) THE facts of the case are that in 1995 Plot No.6/44, measuring 189 sq. meters in the North East Block Scheme, Alwar was allotted to the petitioner by the Board. On the eastern side of the petitioner's plot No.6/44 and western side of the plot No.6/43 belonging to respondent No.5, a strip of land measuring 3 x 18 meters exists, whereon the petitioner states to have opened windows and ventilation of his house. To protect the strip land, the petitioner admits to have included the strip within the boundary wall of his house. THE petitioner has averred that from 1995 itself, he has been representing the Board to allot the strip of land in issue to him. It is submitted that the Board had assured the petitioner that the strip of land would be allotted to him yet the same was not so allotted. The petitioner states that the respondent No.5 Subhash Gera was allotted plot No.6/43 NEB Scheme, Alwar by the Board under a sale-deed dated 28-3-2003 and respondent No.5 is in possession thereof. On 4-5-2011 the respondent No.5 is stated to have requested the Dy. Housing Commissioner, Alwar for disposing off the aforesaid strip of land by way of auction. The Allotment Committee of the Board is stated to have met on 7-7-2011 and taken a decision to auction the strip of land admeasuring 3 x 18 meters falling between Plot No.6/44 and Plot No.6/43 in the North East Block Scheme Alwar and invited bids from the eligible parties (neighbours with houses adjacent to the strip of land). Bids were invited bids vide advertisement dated 25-9-2011 and auction held on 19-10-2011 in accordance with Rule 34 of the Board's Disposal Property Regulations, 1970 (herein after '1970 Regulations'). The petitioner rather than participate in the auction/ bid process, for the strip of land in issue laid a suit for declaration and permanent injunction before the Additional Civil Judge (Junior Division) and Judicial Magistrate No.1 Alwar claiming therein that the auction proceeding initiated by the Board for auctioning the aforesaid strip of land on 19-10-2011 vide advertisement dated 25-9-2011 be quashed and it may be declared that the petitioner had obtained title by prescription over the strip of land as the petitioner had adverse possession thereon for the last more than 12 years. Along with the suit an application for temporary injunction was also filed to restrain the Board from conducting the auction proceedings of the strip of land on 19-10-2011. The learned Additional Civil Judge (Junior Division) No.1 Alwar dismissed the application for temporary injunction on 12-10-2011. Thereupon the petitioner preferred a Misc. Appeal before the Additional District Judge No.2 Alwar, which also came to be dismissed on 19-10-2011. A further challenge was made by the petitioner to the orders dated 12-10-2011 passed by Addl. Civil Judge (Junior Division) No.1 Alwar and dated 19-10-2011 passed by the Addl. District Judge No.2 Alwar by filing writ petition No.15631/2011 before this Court under Articles 226 and 227 of the Constitution of India. However the said writ petition came to be dismissed as withdrawn on 18-11-2011. With the withdrawal of writ petition No.15631/2011 on 18-11-2011, upholding the orders dated 12-10-2011 passed by the Addl. Civil Judge (Junior Division) No.1 Alwar and dated 19-10-2011 passed by the Addl. District Judge No.2 Alwar, the issue of validity of auction proceeding conducted by the Board is no more res-integra, yet the petitioner has again sought to challenge the auction proceeding of 19-10-2011 in this writ petition as is clear from prayer No.1&2 of the writ petition seeking that auction conducted on 19-10-2011 be declared a nullity and be cancelled. The petitioner cannot re-agitate the validity of the auction proceedings referred herein above as an earlier challenge has failed upto this court. Further in any event of the matter counsel for the petitioner has not pointed out as to in what manner the auction held on 19-10-2011 in respect of strip of land falling between the plots No.6/44 and 6/43 conducted in accordance with the provisions of 1974 Regulations was illegal.
(3.) COUNSEL for the petitioner however seeks to impugn the confirmation of the highest bid of respondent No.5 @ Rs.11,251/- per sq. meter for allotment of the strip of land falling between Plot No.6/44 and Plot No.6/43 in the North East Block Scheme Alwar at the auction of 19-10-2011. The only ground agitated by counsel for impugning the confirmation of the bid has been set out in para No.7 and ground (g) of the writ petition, wherein it has been submitted that the amount offered by the respondent No.5 in his bid had not been deposited by him within 30 days of the demand as per conditions of the auction, and such non-deposit by the respondent No.5 within the prescribed time ought to have entailed the cancellation of auction/ bid. In reply to writ petition, the Board has denied the allegations and has stated that the respondent No.5 had deposited the entire amount within the stipulated time and a copy of the receipt has been annexed with the reply as Annexure-R/3. The respondent No.5 in his reply has similarly stated that he deposited an amount of Rs.61,200/- on 19-10-2011, and Rs.42,100/- on 20-10-2011 with the Board (as per terms and conditions of the bid) proceeding on his bid having been accepted. It has been further submitted that thereafter the Board confirmed the highest bid and issued allotment letter No.351/694 on 25-11-2011 for the auctioned strip of land and raised the demand for payment of rest of the amount which was to be deposited within 30 days. It is submitted that thereupon the respondent No.5 deposited the amount on 22-12-2011 vide DD No.066846 dated 21-12-2011. It is submitted that thus the bid amount for the strip of land was deposited within the period prescribed, in compliance with terms and conditions of the auction and in accordance with the 1970 Regulations. Heard learned counsel for the parties, and perused the material available on record of writ petition. ;