PATIALA IMPROVEMENT TRUST, PATIALA Vs. KARTAR SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated March 15, 1993, passed by the learned Single Judge in Civil Petition No. 11390 of 1992. The Learned Single Judge allowed the writ petition filed by the respondent and gave certain directions with regard to the sale of shops-cum-flats bearing site Nos. 1 and 2 situated at Patiala.

(2.) During the course of hearing of this L.P.A. some legal difficulties have cropped up and as a result thereof instead of resolving the disputes between the parties it will add to further litigation. Shops-cum-Flats site Nos. 1 and 2 admittedly belong to the Patiala Improvement Trust, Patiala, the appellant. These two plots are situated at Shaheed Sewa Singh Thikriwala Nagar, Patiala. The terms and conditions of the auction are annexure P-1. On 26.6.1992, both the plots were put to auction and the respondent-writ petitioner offered highest price for both these plots. Plot No. 1 was purchased by the respondent-writ petitioner for Rs. 2.40 lacs whereas plot No. 2 for Rs. 2.01 lacs. On 6.7.1992, the appellant-trust passed a resolution disapproving the said auction sale. The respondent-writ petitioner filed Civil Writ Petition No. 11390 of 1992 challenging the action of the appellant-Trust. The writ petition was admitted but no stay was granted to the respondent-writ petitioner. The appellant trust re-auctioned both the plots on 23.1.1993 and Plot No. 1 was sold for Rs. 3,12,000.00 and Plot No. 2 for Rs. 3,07,000.00. It was not disputed that both these plots were purchased by two other auction-purchasers and not by the respondent-writ petitioner.

(3.) During the course of hearing of the writ petition, it appears that respondent-writ petitioners offered higher price and the learned Single Judge accepted the said offer and directed the appellant-Trust to sell these plots to the respondent-writ petitioner. This was with a view to avoid further litigations and complication.