MECAN BATTERIES Vs. UNION TERRITORY

JUDGEMENT

(1.) BY way of this writ petition, the petitioner prays for issuance, of a writ of certiorari canceling re -allotment made by the respondents on 22.8.2001 in favour of respondent No. 3, and a writ of mandamus to direct the respondents not to cancel, without affording an opportunity of hearing, allotment of Shop No. 189, Sector 48, Chandigarh, made in its favour on 15.06.2001. The petitioner, a member of Chandigarh Automobile Association, claims that the respondents, with a view to rehabilitate auto mechanics and spare part dealers, conducted a survey in January, 1985, wherein 686 persons/parties, including the petitioner, were identified. On 22.01.1986 petitioner deposited with the respondents, an amount of Rs. 11,700/ - by way of a pay order bearing No. 613066 dated 22.01.1986. In the meantime, Civil Writ Petition No. 14083 of 1993 which was filed to challenge the scheme formulated by the respondents, came to be decided by this Court, vide order dated 10.12.1996, directing the respondents to conduct a fresh survey, identify the persons engaged in the business of repair of automobile and sale of spare parts and, thereafter, determine their eligibility.

(2.) ACCORDINGLY , in the month of June, 1997, a fresh survey was conducted wherein 1307 auto mechanics and spare part dealers, including the petitioner, were identified as working at different places during the period 13.06.1997 to 30.06.1997. After verification, 231 persons/parties were shortlisted in pursuance of order dated 07.03.2001 passed in CWP No. 5720 of 1996. Petitioner's name was found mentioned in the list, so prepared after verification. Complying with the directions issued vide order dated 10.12.1996 in CWP No. 14083 of 1993, on 16.02.1999, a scheme known as 'The Allotment of Sites on Lease Hold Basis to Auto Spare Parts Dealers and Auto Repair Mechanics Scheme, 1999' (for short the 1999 Scheme') (Annexure P2) was notified by the respondents. Then, in pursuance of order dated 07.03.2001 passed in CWP No. 5720 of 1996 respondents published a public notice dated 29.12.2000 (Annexure P3), which followed by a corrigendum dated 06.02.2001 (Annexure P4) and another public notice dated 17/18.03.2001 thereby inviting applications for allotment of sites. Petitioner also received, from the respondents, a notice dated 23.03.2001 (Annexure P5) asking it to deposit 10% of the tentative price of the site as earnest money to the tune of Rs. 1,40,740/ -, which the petitioner deposited vide receipt dated 04.04.2001 (Annexure P6/2), A Screening Committee verified the eligibility and, thereafter, a draw of lots was held on 15.06.2001 wherein petitioner was declared successful.

(3.) HAVING heard nothing in the matter for quite some time, the petitioner, vide letter dated 24.09.2001 (Annexure P10), followed by reminders, requested respondent No. 2 to issue the letter of intent in its favour. This letter and subsequent reminders, however, remained un -responded. The petitioner then visited the site and came to know that the disputed site stood allotted to respondent No. 3, vide letter of allotment dated 27.10.2001 after holding a fresh draw of lots on 22.08.2001. Petitioner then made a representation dated 16.01.2002 (Annexure P13) which was also not replied.