Authority: Supreme Court of India

Order Date: 09 October 2026

Case Overview

  • Parties: Rajasthan Housing Board (appellant) and Sagar Mal Handala (respondent) before the Supreme Court, arising from Special Leave Petition (SLP) No. 33897/2026 and intra‑court appeal DBSAW No. 760/2026 decided by the Rajasthan High Court, Jaipur.
  • Background: The dispute concerns the auction of adjacent commercial Plot No. 27 on 25 January 2023, the subsequent ratification by the Housing Board of the Chairman’s decision, and a possible Swiss‑challenge raised by the highest bidder (respondent No. 1).
  • Procedural history: High Court delivered a judgment on 28 July 2026; the appellant sought relief before the Supreme Court.

Observations & Reasoning

  • The Court observed that material relating to the auction of Plot 27 was not placed before the High Court and that the validity of the ex‑post‑facto ratification requires fresh consideration.
  • The Court refrained from expressing any view on the merits of the Swiss‑challenge or other contentions, directing that these be examined by the High Court.

Directions

  • The impugned High Court judgment dated 28 July 2026 is set aside.
  • The intra‑court appeal (DBSAW No. 760/2026) is restored to its original number and file.
  • The Division Bench of the Rajasthan High Court, presided by the Chief Justice, is directed to decide the appeal afresh, preferably within three months.
  • Status‑quo is to be maintained with respect to Commercial Plot No. 26 during the pendency of the appeal.
  • All contentions of the parties remain open for consideration by the High Court.
  • The parties must appear before the Division Bench on 16 October 2026.

Final Outcome

  • The Supreme Court allowed the appeal in part, remanded the matter to the High Court for fresh adjudication, and preserved the status‑quo on Plot 26.

Subsequent Record of Proceedings (09‑10‑2026)

  • The Supreme Court again recorded leave granted.
  • The appeal was allowed in part as per the signed order.
  • Any pending applications, if existent, were disposed of.

Topics: Court Proceedings, Real Estate Auction