Punjab-Haryana High Court
Kamla Devi vs State Of Haryana And Others on 3 August, 2023
Neutral Citation No:=2023:PHHC:099608-DB
123 CWP-16719-2023 -1-
2023:PHHC:099608-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-16719-2023
DATE OF DECISION: 03.08.2023
KAMLA DEVI
......PETITIONER
Vs.
STATE OF HARYANA AND OTHERS
.........RESPONDENTS
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present: Mr. Rajesh Bansal, Advocate,
for the petitioner.
Mr. Deepak Sabherwal, Advocate,
for the respondent-HSVP.
*****
G.S.SANDHAWALIA, J. (ORAL)
1. This petition has been filed under Article 226 of the
Constitution of India for issuing a writ in the nature of 'mandamus'
directing the respondents to confirm the auction of plot No. 821 measuring
6 'marlas, in Sector 37-C, Gurugram-I, in favour of the petitioner.
2. The case of the petitioner is that in pursuance of the e-auction
condition, on 21.12.2022 bidding had been done for the said plot. Reserved
price of which was fixed at `1,28,99,700/-. The petitioner had bid at
`1,64,69,700/- and accordingly, deposited the 10% of the highest amount,
i.e. `10,01,970/-. However, the amount has been refunded to the petitioner
on 05.06.2023 and therefore, apprehending the re-auction and claiming to
have vested right, the present writ petition has been filed.
3. The issue of having any vested right only on account of being
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the highest bidder has been decided in favour of the respondents in
Haryana Urban Development Authority & others Vs. Orchid
Infrastructure Developers P.Ltd., 2017 AIR (SC) 882, wherein the Apex
Court held that if the bid is not confirmed and the letter of allotment has
not been issued in favour of the allottee, he has no such vested right. The
law is also settled to this extent. In the said judgment, the Apex Court has
also held that if there are valid reasons, the authorities would be well within
their right not to confirm the bid.
4. Mr. Sabherwal having advance notice informed us that the
plots which were auctioned in Sector 37-C, Gurugram have been cancelled
on account of the pending litigation before this Court in CWP Nos.4114,
4754 of 2021 and CWP No.4478 of 2022, wherein there was a dispute
regarding the allotment of the plots under the land pooling scheme. Once
there is a valid reason for the authorities to cancel the bid, we are of the
considered opinion that in the absence of any mala fide and the plot not
being put to re-auction, the decision cannot be said to be bad in any
manner. Keeping in view the fact that the amount has already been
returned to the petitioner, we do not see any reason to exercise our extra-
ordinary writ jurisdiction under Article 226/227 of the Constitution of
India. The petitioner shall always have a right to participate in the bid, as
and when the property is put to auction.
5. In such circumstances, for the reasons given in the said order,
we do not think that it is a fit case to call upon the respondents to file reply.
The amount has already been returned to the petitioner and the issue of law
is already decided against the petitioner.
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6. Consequently, finding no merit in the present writ petition.
The same is accordingly, dismissed in limine.
(G.S. SANDHAWALIA)
JUDGE
August 03, 2023 (HARPREET KAUR JEEWAN)
nitin JUDGE
Whether Speaking Yes
Whether Reportable No
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