HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30845 of 2019 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Krishna Kumar, learned counsel for the petitioner and learned Standing Counsel representing the State-Respondents. 2. The instant writ petition has been filed with the following relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to give the possession over the Arazi No.187 area 0.0800 hectare, Arazi No.85 area 5.5880 hectare, Arazi No.197 area 3.1130 hectare and Arazi No. 464 area 2.4460 hectare who were evacuee property, situated in village Mukutpur Kashi, Tehsil Shahbad, District Rampur." 3. Learned counsel for the petitioner submitted that the petitioner had participated in bidding on 24.10.2018 for agricultural lease rights for one year of enemy property and being the highest bidder deposited a total amount of Rs.2,70,000/- with the respondent. In support of the submission, the counsel for the petitioner relied upon annexure no.7 of the writ petition, which is a joint report submitted by the Tehsildar, Tehsil Shahbad, District Rampur and S.D.M, Shahbad to the Deputy District Magistrate/Addl. District Magistrate (Administration)/District Magistrate, Rampur for approval of the bid. It is next submitted that in spite of the amount having been deposited, the respondents have neither handed over the property nor have finalized the bid. 4. Per-contra, learned counsel for the State submitted that after the bidding Versus Counsel for Petitioner(s) : Krishna Kumar Counsel for Respondent(s) : C.S.C. Shakil Beg .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) process when the respondent no.3 went through the file, he found that entire bidding process was conducted without there being any permission from the Custodian and due to said defect, the respondent no.3 cancelled the bid, vide order dated 8.11.2019. The learned counsel for the respondents has relied upon para no.4 of the counter affidavit which reads as under:- "That the Respondent No. 4 conducted the bid process of enemy property on 18.10.2018. All the process regarding bid process of disputed enemy property has been conducted by Respondent No. 4 without taken permission from the custodian. It is relevant to mention here that every transfer regarding enemy property shall be done by the custodian itself or by its authorized person only according to the Section 8 of the enemy property Act. In the present matter no authority has been given by the custodian to lease out / transfer the disputed enemy property. Respondent No. 3 came to know about the disputed matter of bid process of disputed property vide letter no. 3276 / ST dated 30.10.2019 on which Respondent No. 3 gone through the bid file. In which Respondent No. 3 found that all the bid process has been conducted without the permission of custodian and due to above noted defect Respondent No. 3 cancelled the bid of the disputed property vide order dated 08.11.2019 and also order to taken necessary action accordingly. Present writ petition is premature and become infructuous vide order dated 08.11.2019. The petitioner is not entitled to any relief claimed in the writ petition, which being devoid of merits and is liable to be dismissed." 5. After having heard learned counsels for the parties and perusing the records, it is evident that the bidding process has been cancelled, as such the relief as claimed for in the writ petition cannot be granted. At this juncture, learned counsel for the petitioner made an oral prayer that the amount deposited by the petitioner be released in his favour with interest, to the said prayer, learned Standing Counsel has no objection. 6. In the facts and circumstances of the case and in the interest of justice, this petition is finally disposed of directing the respondent no.3 to ensure release of Rs.2,70,000/- deposited by the petitioner with 6% interest per annum within a period of four weeks from today, if not already refunded. 7. Registrar (Compliance) is directed to communicate this order to the WRIC No. 30845 of 2019 2 respondent no.3/District Magistrate, Rampur within a week. October 7, 2025 Gaurav Kuls WRIC No. 30845 of 2019 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad