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Showing contexts for: Access road in Mohammed Gafur vs Bank Of Baroda & Anr. .... Opposite Party ... on 31 October, 2025Matching Fragments
(v) On the basis of the documents furnished by the Bank, particularly the aforesaid map showing road access, and relying on the representations and assurances of the Bank authorities regarding delivery of physical possession of the property, the Petitioner deposited the margin money in good faith.
(vi) Acting on such representation, the Petitioner deposited earnest money of ₹2,00,000/- (Rupees two lakh only). Upon being declared the highest bidder, he further deposited 25% of the bid amount, as demanded by the Bank, amounting to ₹14,23,625/- (Rupees fourteen lakh twenty-three thousand six hundred twenty-five only). Thus, a total of ₹16,23,625/- (Rupees sixteen lakh twenty-three thousand six hundred twenty-five only) was paid to the Bank.
(vii) Thereafter, when the Petitioner visited the auctioned property to take physical possession, she discovered to her utter dismay that the land had no access road and was completely enclosed by adjoining plots, obstructing ingress and egress. The purported road shown on the southern side had, in fact, been acquired by the Railways for construction of a rail line and was not open for private use.
(viii) The Petitioner then applied to the Revenue Inspector, Lanjigarh, seeking the map relating to the Rail Link Project adjoining the auctioned land. The map furnished by the Revenue Inspector confirmed that the plots shown as a road on the southern side had already been acquired by the Railways for the said Rail Link Project.
(ii) The Bank represented that the auctioned property had road access on its southern side, inducing the Petitioner to participate in the e-auction.
Acting upon this assurance, the Petitioner deposited 40% of the bid amount. However, after demarcation, the property was found to be landlocked, without any approach road. Prior to making such deposit, the Petitioner had repeatedly requested the Bank to verify the demarcation, having noticed a Railway Line near the property during inspection. The Bank officials assured her that the Railway Line did not obstruct road access and that demarcation would clarify the issue. The deposit was made in reliance on these assurances.
12. Coming to the merits of the case, it is not disputed that the Bank had published an auction notice dated 22.08.2024 describing the property as having a road on its southern side. The petitioner participated in the auction relying on this representation, deposited 40 percent of the bid amount, and later discovered that the property had no access road, the alleged road having been acquired by the Railways for a Rail Link Project. The Bank has not denied the acquisition of Plot No. 274, shown as the access road in its own sketch map, which stands confirmed by the map issued by the Revenue Inspector, Lanjigarh, dated 05.02.2025.