SHARIK AHUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of a bunch of twenty three writ petitions. For brevity, facts have been taken from this case i.e. CWP-21486- 2017 wherein petitioner has sought quashing of orders dated 31.10.2014 and 28.01.2016, Annexures P-17 and P-19 respectively whereby the amount deposited by the petitioner at the time of auction of plot has been ordered to be refunded after deducting 10% of total sale price and appeal against the said order has been dismissed.

(2.) Stand of the petitioners is that they were not aware of the order passed in CWP-2432-2014 titled as 'Satpal and another versus State of Haryana and others' wherein plots/booths were to be allotted on preferential/concessional basis. It was, thus, directed that claim of the petitioners would be decided prior to confirmation of the auction in case of other allottees. In view of order dated February 10, 2014, passed in Satpal Singh's case (supra), the auction could not have been confirmed in favour of auction purchasers. Consequently, allotment letters could not have been issued.

(3.) In view of the above, it was directed that the allotment letters issued in favour of successful bidders including the bidders of plots sold pursuant to open auction held on February 11, 2014 would remain suspended subject to final adjudication of the claims of the auction purchasers. As per them, Rule 5A of Haryana State Agricultural Marketing Board (Sale of Immovable) Rules, 2000 could not have been invoked by the respondents in view of peculiar circumstances of the case.