- (1.) In these writ petitions, the petitioners have challenged the cancellation of the auction of the commercial plots knocked down in their favour and so also the fresh auction proceedings sought to be initiated by the Executive Officer, Municipal Board, Sumerpur in pursuance of directions issued by the District Collector, Pali vide communication dt. 06.12.2005 (Annex.8).
(2.) The brief facts of the case are that the respondent Municipal Board issued an auction notice dt. 27.06.2005 (Annex.1), whereby various residential and commercial plots, shops, godown/plinth level plots were proposed to be auctioned. After depositing the earnest money, the petitioners participated in the auction for the shops/commercial plots mentioned at Sr. No. 5 of the auction notice. Petitioner Mohini Devi was the highest bidder for shop No. 1 and petitioner Tej Singh Deora was the highest bidder for shop No. 3, accordingly, the auction was knocked down in their favour and in pursuance thereof, they deposited 1/4th of the bid amount on the date of auction itself. Thereafter, they approached the respondent Board for depositing the remaining amount, however, they were verbally informed that the auction proceedings are under consideration and they will be informed about the acceptance of the bid at the earliest.
(3.) Vide communication dt. 09.12.2005 (Annex.3) issued by the Executive Officer of the respondent Board, the petitioners were informed that since during the auction proceedings from 11.08.2005 to 16.08.2005, the representative of the District Collector, Pali was not present, therefore, the auction proceedings has been cancelled by the District Collector, Pali. The petitioners were directed to collect the 1/4th bid amount deposited by them, from the Municipal Board.;