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Judgment
This appeal is preferred to question correctness of the order dated 16.01.2017 passed by learned Single Bench dismissing S.B.
Civil Writ Petition No.7125/2015 in light of the judgment dated 08.07.2016 passed in a writ petition of similar nature i.e. S.B. Civil Writ Petition No.2601/2016.
In brief, facts of the case, as per the appellant, are that his father late Shri Arjun Lal participated in an auction proceedings to have a commercial property located outside Maru Darwaja, Devgarh, District Rajsamand on 09.02.1966. Shri Arjun Lal was the highest bidder and, therefore, he deposited a sum of Rs.300/- as 1/4th part of the total auction amount. The auction authority never demanded the remaining 3/4th part but decided to regularize encroachment of the property somewhere in the year
2014. As per the petitioner being heir of late Shri Arjun Lal he is having hereditary right on the property and, therefore, the respondents should have handed over the property in question to him instead of making regularization of the encroachment.
We do not find any merit in the arguments advanced.
Admittedly, the property in question was put for auction in the year 1966 and father of the appellant deposited only 1/4th part of the auction amount. The remaining 3/4th part was never deposited with the auctioning authority, as such, the sale was not completed. Shri Arjun Lal in his life time never agitated the cause before the authority concerned about his rights, if any, due to the process of auction and also never demanded to hand over possession of the property by charging the remaining auction amount.
In this factual background, we are of considered opinion that the claim of the appellant is absolutely ill founded. The writ petition thus, was rightly rejected by the learned Single Bench.
Appeal too is dismissed accordingly.