- (1.) The judgment and order dated 19.03.2014, passed in S.B. Civil Writ Petition No.17336/2011, rejecting the appellant/writ-petitioner's challenge to the decision of the respondent-Corporation cancelling the auction of the plot bearing No.B-29 in Shri Sunder Singh Bhandari Scheme, Sodala, Jaipur, constitutes the subject matter of scrutiny in the present appeal.
(2.) We have heard Mr. R.N. Mathur, learned Senior Counsel assisted by Mr. Rahul Kamwar, Advocate for the appellant and Ms. Naina Saraf, the learned counsel for the respondent-Corporation.
(3.) The pleaded version of the appellant/writ-petitioner, in short, is that it responded to the notice issued by the respondent-Corporation for auction of various plots in different schemes under it in the month of October, 2011 and after making the security deposit, participated in the auction proceeding on 19.10.2011 for the residential plot No.B-29(corner) in Shri Sunder Singh Bhandari Scheme, Sodala, Jaipur, having an area of 246 sq. mtrs. His offer of Rs.36,000/- per sq. mtr., being the highest from amongst the 25 bidders, he deposited an amount of Rs.24 lacs, being 1/4th of the amount of total consideration payable. On such deposit, Receipt No.9002/5577, dated 19.10.2011 was issued by the respondent-Corporation in its favour. As the remaining amount was payable within a period of 30 days from the auction date, the appellant/writ-petitioner waited in bonafide expectation, but was shocked and surprised to receive the letter dated 16.11.2011, issued by the Commissioner (Revenue), Jaipur Municipal Corporation, Jaipur, whereby the auction qua the aforementioned plot was cancelled on the ground that the appellant/writ-petitioner's offer had been rejected by the Mayor of the respondent-Corporation. Thereby, the appellant/writ-petitioner was required to present the original receipt of the amount of Rs.25 lacs, so as to entitle it to obtain refund thereof. The appellant/writ-petitioner thereafter received another letter dated 18.11.2011, issued by the Chief Executive Officer of the respondent-Corporation, reiterating the above. Contending that the reserved price for the land had been fixed at Rs.25,000/- per sq. mtr. and that its bid was the highest amongst the contending bidders, the appellant/writ-petitioner turned to this Court for redress asserting that there was no legally cognizable and acceptable ground justifying cancellation of the auction.;