Neutral Citation No. - 2025:AHC:28522-DB Court No. - 29 Case :- WRIT - C No. - 42480 of 2024 Petitioner :- Sohan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiva Karan Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner has filed the present writ petition with the prayer to direct the authorities to execute a sale deed of plot no.7, Nazul land, Kasba Ghazipur, Tehsil and District Fatehpur in favour of the petitioner. According to the petitioner this property was put to auction on 23.8.2002 and the auction amount has been deposited yet the sale deed has not been executed. Taking note of such contention we called upon learned Standing counsel to obtain instructions which is taken on record and its copy is also furnished to learned counsel for the petitioner. As per the instructions the petitioner had not deposited the amount in terms of the auction proceedings and, therefore, it is not possible for the authorities to execute the sale deed. The admitted facts on record are that auction proceedings took place on 23.8.2002. The petitioner has annexed the deposit receipt dated 23.8.2002, whereby 1/4th of the amount was deposited in terms of the auction proceedings. The balance amount was to be deposited within a period of one month. The petitioner, however, deposited the balance amount only on 30.12.2002 which was much after the period of one month. The respondents submits that since the petitioner had failed to deposit the requisite amount in terms of the auction proceedings the authorities have committed no wrong in not executing the sale deed. Records reveal that after deposit of Rs.30,000/- by the petitioner, District Magistrate, Fatehpur accepted the petitioner's highest bid vide order dated 25.9.2002. This order of District Magistrate required the petitioner to deposit 75% of the balance bid amount of Rs.90,000/- on or before 30.9.2002. The petitioner, however, did not deposit this amount and the only deposit made is on 30.12.2002 of Rs.84,000/-. According to petitioner there was a discount of 6% but no such provision was shown in which such concession was permissible. Even otherwise deposit had to be made within a specified period which admittedly has not been done. Facts, as have been noticed above, are undisputed. The deposit receipt annexed by the petitioner shows that 1/4th amount was deposited on 23.8.2002 and the balance amount has been deposited on 30.12.2002. The terms of the auction required the petitioner to deposit the balance amount within one month. Since such deposit has not been made and there is no provision shown to the Court in which the authorities may extend the period by accepting interest on it, we are not persuaded to consider the petitioner's claim for a direction to be issued to the authorities to execute the sale deed. This is particularly so as we find that filing of writ petition after almost 22 years is otherwise grossly barred by latches. In such circumstances, we are not inclined to entertain the present writ petition or grant any relief, as is prayed for. In such view of the matter, the writ petition fails and is, accordingly, dismissed. In the facts of the case, we, however, provide that petitioner's prayer for refund of the amount alongwith admissible rate of interest, in terms of the applicable Government Order or the bank rate, would be accorded consideration and such amount shall be released to the petitioner, within a period of two months, from the date of presentation of a certified copy of this order. Order Date :- 28.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad