Illegal Auction Sale By Public Authority Can Be Set Aside Under Article 226; Writ Court Not Bound By Order 21 Rule 90 CPC : Supreme Court

The Supreme Court held that a writ court can set aside an illegal auction sale by a public authority under Article 226 without being bound by Order 21 Rule 90 of the CPC. The court emphasized that applying Order 21 Rule 90 in such cases would lead to gross injustice, as it involves proving material irregularity and fraud, which is inappropriate for auctions conducted in bad faith or violating mandatory provisions. The decision ensures that the State's actions must be fair, transparent, and in line with constitutional principles.