Hon'ble Mr. Justice Govind Mathur - (1.) BY this petition for writ, the petitioner is seeking an appropriate writ, order or direction for the respondents to accept the balance 3/4th amount of Plot No. 52 situated at new Busstand, Suratgarh and further to issue lease deed in her favour. A prayer is also made to release the amount that is forfeited by the respondents on the count that the petitioner failed to deposit the remaining bid amount.
(2.) THE factual matrix necessary to be noticed is that Krishi Upaj Mandi Committee, Suratgarh held an auction to sell certain plots including Plot No. 52. The petitioner participated in the auction and being a highest bidder, Plot No. 52 was to be sold to her as per the notice Annex.1 dated 25.1.1997. The petitioner immediately deposited 1/4th of the bid amount, however, as per the petitioner no notice was received by her for depositing remaining 3/4th part of the bid amount, thus, she failed to complete the entire process. The land -in -question, somewhere in the year 2004 was transferred to the Municipal Board, Suratgarh and the Municipal Board aforesaid proceeded for auction of Plot No. 52 again under a notice dated 23.1.2009. The petitioner then submitted several representations to the respondents with assertion that she is ready and willing to deposit the entire due amount with interest, but of no consequence, hence, this petition for writ is preferred.
(3.) THE auction in question was made as per the provisions of the Rajasthan Colonization (Sale & Allotment Land in Mandies in the Bhakhara and Indira Gandhi Canal Project Colony Area) Conditions, 1973 (for short 'the Conditions of 1973' hereinafter). As per Condition No. 9(2) of the Conditions of 1973, a successful bidder is required to deposit the remaining 3/4th of the bid within thirty days from the date of issue of the order of the Chairman of the Committee accepting auction and in case he/she fails to deposit of her/her own motion within thirty days, a notice shall be issued to the bidder for depositing the remaining 3/4th amount within thirty days from the date of issue of notice.;