VARINDERJEET KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This petition is for quashing the order dated 3.1.2013 cancelling the allotment of fancy number bid at an auction held on 3.8.2012, in terms of a notification issued on 24.10.2007 by the Department of Transport, Government of Punjab, in purported exercise of powers stipulated in 1st proviso to Rule 42-A of the Punjab Motor Vehicles Rules, 1989.

(2.) In the open auction, the petitioner had then bid for the fancy number i.e. PB-65R-0007 for Rs.2,20,000/- on 3.8.2012. In terms of the notification, a person participating in the auction, shall deposit 50% of the half sale price/reserved price kept at Rs.10,000/- and in case of completion of auction in favour of the highest successful bidder, he shall pay the full bid amount and get the vehicle registered within 7 days. The notification provides that the amount deposited with the application shall be forfeited and the number shall be allotted to the next highest bidder. It appears that apart from Rs.5000/-, being 50% of the reserved price, the petitioner had also tendered the full bid amount of Rs.2,20,000/- on the same day. However, the petitioner did not have the vehicle registered within 7 days and claim the number.

(3.) Although the conditions in the notification provide for allotment of the number to the next highest bidder in the event of the successful bidder failing to pay the full bid amount and get the vehicle registered, the number should be allotted to the next highest bidder, among the participants of the auction, the department allowed for the number to be allotted to the 4th respondent, who incidentally is the wife of the Education Minister of Government of Punjab. She claimed the number on payment of only Rs.10,000/- being the reserved bid amount, on 8.8.2013.