KARTAR SINGH Vs. PATIALA IMPROVEMENT TRUST

JUDGEMENT

(1.) ON the last date of hearing the Misc. Application was adjourned to today and I had told the parties that I will be hearing the main case on the adjourned date. Consequently, I have heard the parties in the main case also.

(2.) THE respondent, Improvement Trust, Patiala had published a proclamation for auction of some sites for shop-cum-flats, booths in Shaheed Sewa Singh Thikriwala Nagar Scheme, Truck Stand Scheme, Gurdwara Dukh Niwaran Sahib Scheme and Chhoti Barandari Scheme, Patiala. The reserve price fixed for the shop-cum-flat sites in Shaheed Sewa Thikriwala Nagar Scheme was Rs. 1,25,000/ -. On 26th June, 1992, when the auction took place, four show-room sites were auctioned in the development Scheme of Chhoti Barandari and two shop-cum-flat sites Nos. 1 and 2 were sold by auction of Shaheed Sewa Singh Thikriwala Nagar Scheme. For shop-cum-flat sites Nos. 1 and, 2 the petitioner was the highest bidder, the price offered being Rs. 2,40,000/and Rs. 2,01,000/-respectively. These highest bids for both the plots were accepted and as per the terms and conditions, the petitioner deposited l/4th of the piece so offered. The Trust, however, vide its Resolution No. 772, dated 6th July, 1992, did not approve the bids in favour of the petitioner. It is this resolution of the Trust that has been impugned in the present writ petition.

(3.) IT is mentioned in the impugned resolution (Annexure P-4) that earlier auction had taken place in the same Scheme on 29th January, 1992. and 28th February, 1992. On 29th January,. 1992 for the similar shop-cum-flat sites, the minimum price fetched was Rs. 1,65,000/- and maximum Rs. 2,63,000/- and the maximum was Rs. 2,81,000/ -. It is not disputed that the minimum and maximum bids in respect of shop-cum-flat sites on 29th January, 1992 and 28th February, 1992 (the figures have already been given above) were approved by the Trust. In the Resolution, dated 6th July, 1992, the Trust has not given any reasons as to why the bids of Shop-cum-flat sites No. 1 and 2, which were Rs. 2,40,000/- and Rs. 2,01,000/- respectively, were not being approved.