Auction: Auction conducted on 26.06.1998 by the Executive
Officer of the Temple Trust following due procedure under the
provisions of the Endowments Act 1987 – Appellant was the highest
bidder – After confirming the sale in favour of the appellant by the
Commissioner, the appellant deposited the balance amount –
Thereafter, sale deed was held confirmed and executed in the year
1998 – On challenge before High Court, re-auction of the property
was ordered after a period of more than 23 years solely on the
basis of the offer made by one JK in the year 1998 and the offer
made by one LKR that they are ready to offer/pay a higher price
than fetched in the public auction – On appeal, held: Neither did
JK nor LKR had participated in the auction proceedings and made
any offer – Both of them ought not have been permitted to raise any
objection subsequently on the valuation when they had not
participated in the public auction and made any offer – After the
public auction is held and the highest bid is received and the
property is sold in a public auction in favour of a highest bidder,
such a sale cannot be set aside on the basis of some offer made by
third parties subsequently – Further, unless and until it was found
that there was any material irregularity and/or illegality in holding
the public auction and/or vitiated by any fraud or collusion, it is
not open to set aside the auction or sale in favour of a highest
bidder – If there was any error in the decision-making process
adopted by the authority, the remedy available was to question the
sale deed in an appropriate proceeding available under the law
and not by filing a petition under Art.226 of the Constitution of
India – Moreover, respondents are not in a position to point out any
material on which it can be said that what was offered by the
appellant in the year 1998 was not a fair value – Hence, order of
the High Court set aside – Endowments Act 1987 – Constitution of
India – Art.226.