Pbvp Vijaya Chandra v. The Authorised Officer,

HON'BLE SRI JUSTI CE SANJAY KUMAR AND HON'BLE SRI JUSTI CE T.AMARNATH GOUD WRI T PETI TI ON No.18540 of 2018 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit the petitioner herein prays that this Hon'ble Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the auction proceedings dt.11-12-2017 conducted by the 1st respondent without any notice to the petitioner as wholly illegal, arbitrary and unjust and consequently set aside the auction proceedings dt.11.12.2017 conducted by the 1st respondent in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper."

Though the petitioner admits the fact that the auction sale took place on 11.12.2017, the successful bidder in the said sale is not impleaded. That apart, we find that illegible papers have been placed on record. In any event, the matter cannot be decided in the absence of the auction purchaser.

The writ petition is accordingly dismissed leaving it open to the petitioner to file a proper case before the appropriate forum in accordance with law, if he so chooses.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR, J __________________ T.AMARNATH GOUD, J Dt: 06.06.2018.

IBL