Kalpana Yadav v. Haryana Shehri Vikas Pradhikaran And Others

    

 !"# $#%&'& (



 )!*+!(!!$!,  - #"&"& (#. /#.'0' !.1!(!23#3.&/&4!'.!$3&4!.!(!($ "3#.'  - #'+ ($#("' 56 75 277 56 75 2/)57 






 
 


 



 


 

 


/)578   1.

The petitioner prays for the issuance of a writ of mandamus, commanding the respondents to issue letter of intent to her, being a successful bidder in the auction held on 30.04 2022.

2.

The case set up by the petitioner is that in April 2022, the respondent i.e. Haryana Shehri Vikas Pradhikaran (for short 'HSVP') sought to make allotments of residential, commercial and institutional properties in all developed urban estates in the State of Haryana by way of auction. The registration amount and earnest money amounting to
3,53,200/- was deposited by the petitioner on 29.04.2022. Before the start of the auction the base price of the shop in question was declared to be
70,43,400/-.The petitioner got herself registered for participating in the auction process qua shop No.143, Sector-4, Rewari (hereinafter referred to as the 'disputed shop'). (i) The auction took place on 30.04.2022 in which the petitioner was declared as the highest bidder having given the highest bid of
97,13,400/-. Vide e-mail dated 30.04.2022 (P-3) the petitioner was informed about her being the highest bidder (H-1) and she was called upon to deposit the remaining payment before the expiry of the stipulated period.

(ii) The balance of the 10% amounting to
6,19,140/- (P-5) was deposited on 30.04.2022 and the e-mail dated 30.04.2022 was sent by the HSVP to the petitioner in this regard (P-4).

(iii) On 17.05.2022, a counter offer was given to the petitioner by HSVP (P-5) to purchase the shop in question for a sum of
1,47,08,400/-. However, the said counter offer was rejected by the petitioner on 17.05.2022 itself as the petitioner had given the highest bid which was more than the base price and the counter offer was much higher than the base price. (iv) On 13.07.2022, the petitioner submitted an application through email (P-6) calling upon the HSVP to refund the sum of
9713,400/- deposited by her or to issue the letter of intent to her at the bid amount. (v) Thereafter, the petitioner kept on pursuing the matter with the respondents. After no response was received, the petitioner issued legal notice dated 07.06.2023 (P-7). Since no response was received to the legal notice as well, the present writ petition was instituted. 3.

We have heard learned counsel for the petitioner as also learned counsel for the respondents who is present on advance copy having been served.

4.

Learned counsel for the petitioner submits that the action of the respondents in not disclosing the reserve price and thereafter giving a counter offer of an amount which was much beyond the highest bid given by the petitioner is illegal and arbitrary. Learned counsel has submits that as against the base price of
70,43,400/-, the petitioner had given a bid of
97,13,400/- and the counter offer given by the respondents was to pay a sum of
1,47,08,400/- as the total sale price of the shop in question. Learned counsel submitted that such a procedure is unknown to law and the only result is denial of the lawful rights of applicants in an illegal and arbitrary manner. 5.

Sh. Deepak  





 

 
 


 
 

 
 

   
 
!"

#$ %#%%
&'()

*
 

*
'

+ 

 

  

*

, 
 




  


 

+ 

 



 

*

 
 



 
 





 





 
 

+ 

 


  ( -



 
 
*

 
 
  $ .



 





 


"/"%##0'

%1 #2 %#%%



 
 




 
 

 






$#2"2##0'

.





 



 
 




 








1$!"2##0'

3 



 


(!1!2#0'




*
 

"# #2 %#%%
4




 
 



!2$#52##0'


!$ #/ %#%%
 
6
*
 
 7



 
 *
&8 
'!)


*

 
9 
:

9
:
'

   

   



       !          "#      !        

  #$     
%& #      ' &()*+

  * 

& ,& %*  * ### !''

 

#    &  *    ' #   #    #  $ $ #- $. $ #/&

*##      

    ##  

) 

*        $  # -( /   )  * +  *    # 

    # #  012#  3    +  4     #+  *  )      # #  012    #     .  #   *       # #  ) 502  $ "#*&6 

 



 





 
 



 




 




 

 
 

3 

 

 
 *




 





  *

 


3 














*
 





 


.









 





6
 


!(
 
'
7& ##$)   ' & *    ' #   #    #  $ $ # '  



&6 









 




 

 
 


 





 











 



%1'

"#

*

'
   $  #  3 # * *  #   '   02  # - #$  # # # '

  9/   '#  ($  ##+ 4 )   # #    ## '  



&()*+ $  3 # #   ) *  #

 ($ ### # 02'

 3 # #- #$9 # # #/+ ')  #   '   ''

&  '  ''

 '  ':  

    $ ## #'   # ' 

 '

&  $  ##    3 #  #  '

&&02 

 '  # '

 )  5 #   ':$ 

 # # #  ## '  ''

& ;0
   ##* 3   # ' +   ##)  #<

  -< /   #& <  )   $$ # #  $'  $ ####' #   ##&
  ' #  #'

 :#)  # ## <   $' & ( =)   <  *#

  ## # 

 $   # ##  '  #&   )         ##  $   # ##' #+ + # #' '  '&  

)   3 # #   12 3 ##'

) ;0# ' # # < &  # #'

)  *##+ <     # 

'   ) #) ) 

           #  02 '

# #    #  #   ( = $ )    ##   *   '  #'$&6 !# 



  


 



* 
  
  

 
  


  




;



  







*


 



 

 




 
 
 *




 
<
 










 
 *


*



 !!

=
 *
 

 
 

 
 

  
 
!"

#$ %#%%
&8 
'()
 
8



 
 

 






 


> 1$%"2#0'

*






 

 






+ 







 !% .
 
 
*



 

 
  



*



 










*

 
  

*


%2 #5 %#%%
;
 

 



 

  

*


+ 
 
 








 






 











* 

 
+ 
 

 

  

*
 .


 
 



 




  *





 *



&77: ;/)57:        
+.&*

($8

 >

-  


0 
?0=
-  
 ?0=