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LPA/1463/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1463 of 2009
In
SPECIAL
CIVIL APPLICATION No. 9156 of 2005
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NATWARLAL
KASALCHAND MEHTA - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance :
MR
AJ PATEL with MR
GM AMIN for Appellant(s) : 1,
MR AJ DESAI, AGP for Respondent(s) :
1 - 2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/01/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
In
the present case it will be evident that the auction took place as
far back as on 6.12.1985 which was subsequently cancelled on
24.2.1986. It is not in dispute that the appellant, who was the
highest bidder, had not deposited the total consideration amount
before the order of cancellation and thereby did not accrue any right
out of the auction sale. The matter was taken up from time to time
and after hearing, one order was passed by the Collector against the
appellant on 30.5.2003 which was confirmed by the State Government on
7.3.2005 whereby the auction held on 6.12.1985 was held to be
illegal. The learned Single Judge also confirmed those orders by the
impugned common judgment dated 12.5.2005. In view of the aforesaid
facts, after more than 25 years of auction, we are not inclined to
take up the issue of legality and propriety of such auction.
The
appeal is accordingly dismissed, but there shall be no order of
costs.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
sundar/-
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