High CourtsSingle Bench(2013) 12 KAR CK 0422

Afreeb Banu and Mohammed Mujeeb vs Mysore Urban Development Authority

Karnataka High Court · Decided on 19 December 2013

HON’BLE JUDGES
H.G. Ramesh, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No''s. 56659-56660 of 2013 (LB-RES)

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Judgment

5 paragraphs · 247 words

H.G. Ramesh, J.—Heard. In these writ petitions, the petitioners are challenging reauction of the sites by the Mysore Urban Development Authority as per e-auction notification dtd. 04.12.2013 on the ground that their bids were above the Reserve Price and hence reauction of the sites for which they had bid is not justified. In my opinion, the question raised in these writ petitions is answered against the petitioners in Sri Ismail Navalur and Others Vs. Hubli-Dharwad Urban Development Authority, and hence, the matter does not warrant interference by this Court. It is relevant to refer to the following observations made by this Court in the aforesaid judgment:

14..................................Even supposing the petitioners'' bids were higher than the reserve price, that by itself and nothing more cannot constitute a valid, legal ground to interfere and hold that the annulling of the auction was irrational or preverse the reason for annulling the auction in the premise that the respondent expected to secure a much higher price for the sites in question, cannot be either whimsical or arbitrary.

(Underlining supplied)

2.

However, learned counsel appearing for the respondent-Mysore Urban Development Authority submits that the petitioners are at liberty to participate in the impugned auction as the date of auction is now extended till 23.12.2013 upto 6.00 p.m. The petitioners are accordingly at liberty to participate in the auction by complying with the conditions stipulated in the e-auction notification dtd. 04.12.2013. With these observations, the writ petitions stand disposed of

Petitions disposed of.