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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.