- (1.) At the request of parties, the arguments were heard and special appeal is being disposed off finally.
(2.) This intra-court appeal is directed against order dated 11th July, 2006 passed by Single Bench, whereby S.B.Civil Writ Petition No.1952/95 filed by writ-petitioner/ respondent No.1, Radha Charan Gurjar has been disposed off and respondent No.2 (in the writ petition)/appellant has been directed to refund the sum of Rs.16,50,000/- deposited by writ-petitioner, being 1/4th of auction money, with it, with interest @ 9% per annum.
(3.) The facts of the case, in brief, are that respondent No.1 filed writ petition before Single Bench against appellant / respondent No.2 and respondent No.3 with a prayer that respondent No.2 (appellant herein) may be directed to place the record before this Court to prove that they have clear title of the land in question and had right to sale it by auction through notification dated 4th September, 1994 and further direction to respondent No.2 not to forfeit the amount of Rs.16,50,000/- deposited by petitioner in cash on 16th September, 1994 at the time of auction. The other prayers were also made. It was pleaded in the writ petition that respondent No.2/appellant issued a notification in Daily Newspaper, Dainik Nirbhik (a local newspaper of Hindaun City) on 4th September, 1994 for auction of land measuring about 318 ft. X 90 ft. near Station Road-Mohan Nagar, Road, Hindaun. The date of auction was fixed as 16th September, 1994. The petitioner participated in the auction proceedings. Petitioner stood highest bidder for Rs.66 lakhs. He deposited amount i.e. Rs.16,50,000/- in cash on the same day. It was further averred that petitioner was just to deposit balance amount of Rs.49,50,000/- with the respondent No.2, a fact came to his notice that Municipal Board, Hindaun, respondent No.3, has served a legal notice through his counsel to (1).Collector, Sawai Madhopur, (2). S.H.O. Police Station, Hindaun and (3). Chief Secretary, State of Rajasthan to the effect that the land, which is said to be auctioned in pursuance of notification dated 4th September, 1994 by respondent No.2, does not belong to it as it had already vested in the Municipal Board consequent to acquisition proceedings. Thereafter, petitioner contacted office of respondent No.2 and requested the concerned authorities to provide the documents showing that the land auctioned by them on 16th September, 1994, wherein petitioner stood highest bidder, vested in them and there is no dispute in this regard. The respondent No.2 could not satisfy, rather respondent No.2 insisted upon petitioner to deposit the balance amount, but looking to the dispute with regard to disputed land between respondent Nos.2 and 3, the petitioner did not deposit the balance amount and demanded refund of amount deposited by him, but respondent No.2 refused to refund the amount saying that same stands forfeited. Petitioner further submitted that respondent No.2 was not the owner of the land as it was acquired by the then UIT and after abolition of UIT, it vested in Municipal Board. Respondent No.2 is not in a position to hand over the possession of the land, therefore, petitioner is entitled to receive the amount deposited by him back. One of the prayer made in the writ petition was also to the effect that respondent No.2 be directed to pay interest @ 18% per annum, every month, on the amount of Rs.16,50,000/- till the date of the title of the land is not transferred in the name of the petitioner as petitioner was/is ready to deposit the balance amount.;