Kamlesh Kumar Patel vs State Of Chhattisgarh & Ors

Since common question of facts and law is involved in these cases, as such, all these petitions are being disposed of by this common order.

The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPC No. 5654/2022 (Kamlesh Kumar Patel vs. State of Chhattisgarh & Ors.) are quoted hereinbelow in order to consider these cases and to decide the same.

Learned counsel appearing for the petitioner submits that the petitioner is no longer willing to purchase the subject land pursuant to the auction dated 15.03.2021, as certain conditions were subsequently imposed by the concerned authorities, which are not acceptable to the petitioner and do not suit his requirements. It is further submitted that, although the petitioner had earlier participated in the auction process and deposited substantial amounts pursuant thereto, he is presently not willing to proceed with the purchase of the subject land through the said auction. Learned counsel further submits that the petitioner had deposited a demand draft of Rs. 26,40,000/-, as mentioned in W.P.(C) No. 5654/2022, and a demand draft of Rs. 11,32,031/-, as mentioned in W.P.(C) No. 2027/2023. Since the petitioner is no longer willing to proceed with the auction or purchase the subject land, it is prayed that the concerned authorities may be directed to return the aforesaid demand drafts deposited by the petitioner.

On the other hand, learned counsel appearing for the State submits that, vide order dated 09.11.2022, the petitioner had already been directed to receive the demand draft deposited by him. It is, therefore, submitted that there is no impediment in the petitioner receiving the demand drafts/amounts deposited by him, i.e., the demand draft of Rs. 26,40,000/-, as mentioned in W.P.(C) No. 5654/2022, and the demand draft of Rs. 11,32,031/-, as mentioned in W.P.(C) No. 2027/2023, in accordance with the earlier order passed by this Court.

I have heard learned counsel appearing for the parties and have carefully perused the material available on record.

Having regard to the submissions made by learned counsel for the parties and considering the facts and circumstances of the case, particularly the fact that the petitioner is no longer willing to proceed with the purchase of the subject land pursuant to the auction dated 15.03.2021, this Court is of the considered view that the amounts deposited by the petitioner are liable to be returned to him. Accordingly, the concerned authorities are directed to return the respective amounts deposited by the petitioner, subject to due verification and completion of the necessary formalities.

The petitioner is directed to submit an appropriate application before the concerned authority for the release/return of the demand drafts of Rs. 26,40,000/-, as mentioned in W.P.(C) No. 5654/2022, and Rs. 11,32,031/-, as mentioned in W.P.(C) No. 2027/2023, within a period of 10 days from the date of receipt of a copy of this order. Upon receipt of such application, the concerned authorities shall, after due verification of the records and completion of the requisite formalities, return/release the aforesaid demand drafts submitted by the petitioner in favour of the respondent with a certificate stating that the amount of demand draft has not been encashed, so that the petitioner may encash the amount of demand draft and use it. The demand draft and certificate be given to the petitioner within a period of 30 days from the date of receipt of copy of this order.

With this observation and direction, the writ petitions stand disposed of.