Citation : 2022 Latest Caselaw 1575 Tel
Judgement Date : 28 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.822 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 09.02.2018 passed by the learned Single Judge
in W.P.No.3996 of 2006.
The facts of the case reveal that a tender-cum-
auction notice was issued on 16.04.2005 and in
respect of the land admeasuring Ac.0.29 guntas in
Survey No.1065 of Ameenpur Village, the
appellant/writ petitioner was the successful bidder.
However, the auction conducted on 30.04.2005 was
cancelled on 09.01.2006. The writ petition was
preferred stating that the auction could not have been
cancelled in the matter in the manner and method it
has been done and in respect of the adjoining land, the
auction was not cancelled. The learned Single Judge
2
has dismissed the writ petition holding that the State
Government was having every right to cancel the
auction at any point of time and in the present case,
the land was auctioned for a price of Rs.4.50 lakhs per
acre, whereas the value of the land was Rs.20.00 lakhs
to Rs.25.00 lakhs per acre as per the report of the
Joint Collector, Medak.
The auction was of the year 2006 and it is
certainly not in dispute that the Government was
having right to cancel the auction at any point of time.
Now we are in the year 2022. The value of the land is
now more than Rs.1.00 crore per acre. In the
considered opinion of this Court, as the State
Government was having every right to cancel the
auction and the rate offered by the appellant/writ
petitioner was on the lower side, the State Government
was justified in cancelling the auction. This Court
does not find any reason to interfere with the order
passed by the learned Single Judge.
3
The writ appeal is accordingly dismissed.
The miscellaneous applications pending, if any,
shall stand closed. There shall be no order as to costs.
______________________________________
SATISH CHANDRA SHARMA, CJ
______________________________________
ABHINAND KUMAR SHAVILI, J
28.03.2022
vs
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