Gopal Krishan Vyas, J. - (1.) BY way of filing this writ petition, the petition is challenging the order dt. 30.04.2004 (Annex. -2) and further prayed that the respondent U.I.T. may be directed not to make demand of the balance amount till high tension electricity line is not shifted. Further it is prayed that respondents may be directed to get removed the high tension electricity line over the plot in question and also prayed that the respondent shall not charge any interest or penalty from the petitioner upon the balance amount.
(2.) THE facts averred in the writ petition are that the respondent U.I.T. published an auction notice in daily news paper Rajasthan Partika on 12.01.2004 auction of residential as well as commercial plots in various schemes framed by the U.I.T. On 12.01.2004, the petitioner alongwith the other participants went on the site to take participation in the auction proceedings, At that time, the respondent U.I.T. authorities told that these are the plots which are going to be auctioned. At the time of the inspection of the plots, it came to the knowledge of the petitioners that high tension electricity line was going over -head and electric poles were also standing in the plots, therefore, the participants refused to offer their bids because due to high tension electricity line over the plots they cannot use the plots in any manner.At that time, during th auction proceedings, it was assured by the U.I.T that after removing the high tension electricity line fresh auction notice will be issued. On 22.01.2004, the respondents again held auction of the plots in the above scheme and the petitioner and other participants went to the site for participating in the auction proceedings. Again the participants saw that the high tension electricity line was not removed. Upon enquiry from the U.I.T. Authorities it was told that due to financial crisis the electricity over -head line has not been removed; but, now the same would be removed as soon as auction proceedings is completed. It was also verbally assured that the participants or successful bidders can deposit th of the amount and balance may be paid as soon as the high -tension electricity line will be removed.
(3.) IT is averred in the writ petition that upon the aforesaid assurance given by the U.I.T. authorities the petitioner and other participants offered their bids in the auction proceedings and for plot No. 15 the highest bid was offered by the petitioner for Rs. 14,69,736/ -, being successful bidder. Before signing the auction bid, a condition was inserted in the bid -sheet that balance 75% amount of the bid money will be deposited after removal of the high tension electricity line over the plot. Thereafter, the petitioner deposited 25 per cent amount of the auction money, i.e. 3,68,000/ - on 30.01.2004.;