- (1.) This writ petition has been filed by the petitioner for granting the following reliefs:- "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and i. By an appropriate writ order or direction, the order impugned dated 17.01.2017 (Annx.7) and issuance of auction notice dated 05.01.2018 (Annx.9) followed all further proceedings subsequent thereto may kindly be declared illegal and the same may kindly be quashed and set aside. ii. Any other appropriate, writ, direction or order which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued. iii. Cost of this writ petition may kindly be awarded to the humble Petitioner."
(2.) It is the case of the petitioner that way back in the year 1959, Bhimraj Bhandari, father of the petitioner, Inder Raj Bhandari and Ganpat Raj Bhandari purchased a plot bearing Plot No.260 measuring 50X98 feet situated in Laxmi Nagar through a registered sale-deed, executed through power of attorney holder of the land holders. It is averred that the right, title and interest over the above mentioned plot always vested with three brothers, who had purchased the same, and after their death the same vested into their legal heirs. It is further averred that the above mentioned plot was never sold, mortgaged and transacted to any other person by any party till date.
(3.) It is also averred by the petitioner that due to non- availability of the owners of the above mentioned plot, the same was resold by Virendra Singh (son of the original landholders) through his power of attorney holders to two persons in two parts by registered sale-deeds dated 18.08.2005 and 23.09.2005 respectively. Subsequent purchasers sold one plot out of two plots to Ashok Golia, Anil Golia and Meena Golia by registered sale-deed dated 30.10.2007. It is also averred that Ashok Golia and others further sold their shares in the said plot to Ramesh Agarwal through registered sale-deed dated 30.10.2007 and so on. It is further averred in the writ petition that when Ramesh Agarwal tried to encroach over the above mentioned plot, one FIR was lodged by the petitioner to the concerned police station. Averments regarding a civil suit filed by Ramesh Agarwal against one Ramras Yadav have also been made in this writ petition.;