CW-3696/06 -Nandlal Vs. State of Rajasthan & Ors. : Order dt.13.5.08 1/4 S.B. CIVIL WRIT PETITION NO.3696/2006 Nandlal Vs. State of Rajasthan & Ors. Date of order : 13th May, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Narendra Singh for the petitioner. Mr. Manish Pitalia for the respondents. --------- 1. Learned counsel for the respondents pointed out that an interim order was passed by this Court on 19.7.2006 in this writ petition to the effect “In the meanwhile, if the petitioner offers the highest bid, the authorities may consider allotting the land to the petitioner on payment of the highest bid. The land will have to be first offered to the petitioner before being finalised.” 2. Against the said order, the petitioner approached the Division Bench of this Court by way of D.B. Special Appeal No.506/2006. The Division Bench passed the interim order dated 13.7.2007 in the following terms:- “Having heard counsel for the parties we are of the opinion that the continuance of the interim order can only be made subject to condition that the land in question of which the petitioner claims to CW-3696/06 -Nandlal Vs. State of Rajasthan & Ors. : Order dt.13.5.08 2/4 be unauthorised occupation and is seeking regularisation thereof has been put to auction in the bid of Rs.13,50,000/-, therefore, it would be fair, if the petitioner wants to continue to remain in possession of the land in question, he shall deposit Rs.13,50,000/- with the respondents. However, the learned counsel for the appellant wants time to seek instructions in this regard.” 3. Then again on 24.10.2007, the Division Bench passed a peremptory order that unless the said amount of Rs.13,50,000/- is not deposited within four weeks, the appeal will automatically dismissed without reference to the Court. The said order is also reproduced hereunder:- “Learned counsel prays for further time to comply with the order dated 13.7.2007. Sufficient time has already been granted in the past. However, in the interest of justice, four weeks' further time is granted making it clear that if the amount as mentioned in the order dated 13.7.2007 is not deposited within four weeks, the appeal will automatically stand dismissed without reference to the Court.” CW-3696/06 -Nandlal Vs. State of Rajasthan & Ors. : Order dt.13.5.08 3/4 4. Learned counsel for the petitioner submits that petitioner is not in a position to deposit the said amount and has thus not deposited the said amount of Rs.13,50,000/-. In view of this obviously the appeal already stood dismissed. 5. Now the learned counsel for the petitioner submits that still the case of regularization of the land in question in favour of the petitioner deserves to be considered by the respondent authorities of the Municipal Board. 6. This Court is of the opinion that the case of the petitioner for regularization of the land in question could be considered only if he complied with the directions of the Division Bench dated 13.7.2007 by depositing the sum of Rs.13,50,000/- which was on the basis of a bid money received for the said plot in question when the same was put to auction by the Municipal Board. Even initially, this Court had protected the rights of the petitioner by passing the interim order on 19th July, 2006 that if the petitioner offers the highest bid for the said plot, the authority may consider his case. Therefore, in the opinion of this Court, the case of the petitioner could be considered only if he deposited the fair price which was determined by the Division Bench on the basis of bid offered for the said plot at CW-3696/06 -Nandlal Vs. State of Rajasthan & Ors. : Order dt.13.5.08 4/4 Rs.13,50,000/-. The petitioner is obviously not in a position to deposit the said money and, therefore, no case for any interference is made out in the matter. 7. This Court finds no force in the writ petition. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.72 babulal/-