In a landmark ruling, the Supreme Court has reinforced the authority of Article 226, declaring that writ courts are not bound by the technicalities of Order 21 Rule 90 of the CPC in cases of egregious violations by public authorities during auction sales. The bench, led by Justices JB Pardiwala and Manoj Misra, emphasized that when public auction legality is challenged due to malfeasance or blatant disregard for legal mandates, applying standard CPC rules would undermine justice.
Highlighting a case where Maharashtra’s Revenue Code was flouted in the sale of properties, the court ruled against demanding the usual conditions for auction annulment under CPC. Instead, it affirmed that writ courts must ensure fairness and transparency in public dealings, safeguarding constitutional rights without procedural impediments.
The judgment underscores a pivotal shift towards protecting citizen rights from arbitrary state actions, emphasizing accountability and fairness in public auctions.
