1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.378/2008 (Resham Singh & Anr. Vs. State of Raj. & Ors.) Date of order : 23.10.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Dron Kaushik, for the petitioners. Mr. D.S. Rajvi, for the respondents. Mr. O.P. Boob, Dy. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, the petitioners have made prayer that in the auction proceedings for plot No.10 and 11 situated opposite to R.S.E.B. Colony, Sector – 6, Old Hanumangarh Colony, Hanumangarh, the highest bid was given by the petitioners for Plot No.10 and 11 and 1/4th of the amount was also deposited in the year 2005 vide receipt No.65 and 66. It is submitted by learned counsel for the petitioners that due to unavoidable circumstances, the rest of the amount was not deposited by them and now they are ready to deposit the remaining amount of the plots for which their highest bid was accepted. It is 2 further submitted that in the identical writ petition being SB Civil Writ Petition No.4532/2007 (Vikas Kumar Vs. State of Raj. & Ors.), this Court passed an order for executing lease in favour of Vikas Kumar in conformity with the provisions of the Rules of 1974 within two months. Although in case of Vikas Kumar, there was no question of depositing any amount but the question with regard to encroachment was involved. Learned counsel appearing for the Municipal Board vehemently argued that although the petitioners were to deposit the remaining amount within stipulated time but instead of depositing the said amount, they preferred a suit before the Civil Judge, Junior Division, Hanumangarh and thereafter, during the pendency of the suit, one Vikas Kumar preferred a writ petition before this Court and during pendency of writ, the petitioners have withdrawn their suit and thereafter preferred the present writ petition seeking directions to the respondents to quash the notice dated 9.1.2008 and further prayed for restraining the respondents from dispossessing them from the land in question. It is also prayed by learned counsel for the petitioners that the respondents may be directed to permit the petitioners to deposit 3/4th remaining amount in pursuance of the auction proceedings finalized in their favour and may be directed to make provide demarcation of the plots in question. 3 In my opinion, it is not disputed by both the parties that in the auction proceedings the bid of the petitioners were highest for the plots in question. It is also not disputed that 1/4th of the amount has already been deposited by the petitioners, so also, other persons were allowed the plots after depositing the amount. In this view of the matter on admitted position of the case that the petitioners' bid was highest and 1/4th amount was deposited by them and due to pendency of litigation, the remaining amount was not deposited, therefore, in the interest of justice, the rest of the amount with interest shall be deposited by the petitioners within a period of one month from today along with interest as per the provisions of Rajasthan Municipalities (Disposal of Urban Land), Rules, 1974. It is also made clear that the petitioners will be entitled for plots for which they gave their bid, measuring 30 x 60” sq. ft. each. This order will not be treated as precedent because the above order has been passed upon peculiar facts and circumstances of this case. With the aforesaid observation/directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J.