Harvinder Singh And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-644-2018 (O&M) Date of decision:- 16.01.2018 Harvinder Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Vishal Sodhi, Advocate, for the petitioners.

* * * * S.J. VAZIFDAR, C.J. (ORAL) The petitioners in effect seek an order directing the respondents to auction a particular plot of land which has been reserved for the purpose of running a petrol pump. 2.

The petitioners' grievance was that they used to operate a petrol pump on their own land which on account of a construction project was discontinued. They had earlier filed CWP-21002-2017 seeking allotment of a plot on which they could run a petrol pump. That writ petition was disposed of by an order dated 15.09.2017 passed by a Division Bench of this Court to which one of us (SJ Vazifdar, CJ) was a party. The order recorded that the petitioners merely sought an order directing the respondents to take a decision with respect to their representation. The order clarified that no opinion was expressed on the merits of the case. The petitioners thereafter filed CM-13523-CWP-2017 which was disposed of by an order dated 27.09.2017 by directing the respondents to take a decision by 31.10.2017. Pursuant thereto, respondent No.

5 - Hindustan Petroleum Corporation Limited recommended that although the petitioners had no legal claim, a sympathetic view Amodh Sharma 2018.01.

CWP-644-2018 (O&M) case. The order stated that respondent No. 3 - Greater Ludhiana Area Development Authority may proceed to invite bids as per the policy, but grant right of first refusal to the applicants. However, by the impugned order dated 26.10.2017, respondent No. 3 stated that the respondents had decided to drop the idea of allotting the plot for a petrol pump for administrative reasons, namely, that the site falls between the missing link road 1 and 2 and the construction of a Railway Over-Bridge on the missing link road 2 has not been completed and upon completion of the road, the vehicular movement would increase with the corresponding increase in the value of the site.

3.

It is not possible for us in exercise of jurisdiction under Article 226 of the Constitution of India to compel the respondents to invite tenders for the allotment of the plot at this stage. These are administrative decisions which must be left to the authorities concerned.

The respondents are entitled to decide when to dispose of the plot. In doing so, they are entitled to take their financial interests into consideration. We cannot compel them to take a decision of this nature at any particular point of time. The petitioners' right of first refusal has been preserved.

4.

The petition is accordingly dismissed.

(S.J. VAZIFDAR) CHIEF JUSTICE (AVNEESH JHINGAN) JUDGE 16.01.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No
Amodh Sharma 2018.01.17 14:13 I attest to the accuracy and integrity of this document Chandigarh