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[2025:RJ-JP:7585-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 4852/2016 Vikas Kumar S/o Shri Giriraj Prasad, Village And Post Hindoli, District Bundi, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary, Department Of Finance, Government Secretariat, Jaipur
2. The Inspector General Stamps, Ajmer.
3. The Deputy Inspector General Stamps, Kota Circle, Kota
4. The Sub Registrar, Hindoli, District Bundi. ----Respondents For Petitioner(s) : Mr. Amit Jindal, Adv. with Ms. Neetu Bhansali, Adv. For Respondent(s) : Mr. Sandeep Taneja, AAG with Mr. Kartikeya Sharma, Adv.
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 20/02/2025
1. This petition is filed seeking directions to issue the sale certificate for the land situated in khasra no.2631 at Village Hindoli, Tehsil Hindoli, District Bundi auctioned on 27.02.2015.
2. The grievance of the petitioner is that inspite of three auctions and the petitioner being highest bidder, the auction is not being confirmed.
3.
Learned counsel for the respondents relying upon the contents of the additional affidavit and instructions received from Mr. Rajeev Dwivedi, DIG (Stamps), Udaipur present on 13.02.2025, submits that the auction notice was not properly
[2025:RJ-JP:7585-DB] (2 of 2) [CW-4852/2016] published and seek one more opportunity to auction the property after publishing the notice in accordance with law. It is further submitted that the auction was cancelled and petitioner was offered to take back the amount deposited. However, in all fairness it is stated that amount of the petitioner with the department will be refunded along with interest from the date of deposit till the date petitioner was communicated to take refund of the amount i.e. 23.11.2016.
4.
Learned counsel for the petitioner submits that instead of refund, the amount be taken as an initial payment towards the participation in the next auction to be held.
5. There cannot be quarrel with the proposition that being a highest bidder in itself creates no vested right in favour of the petitioner.
6. In view of the above, this petition is disposed of with direction that fresh auction to be held within three months from the receipt of copy of this order, after publishing the notice in accordance with law. The amount deposited by the petitioner along with the interest at the rate of 9% from the date of deposit till the communication for refund shall be adjusted towards the initial payment made by the petitioner for participation in the auction.
(ASHUTOSH KUMAR),J (AVNEESH JHINGAN),J Chandan/Mohita/24