Mr. Rameshwar Singh Malik, J (Oral):- C.M. No.14548 of 2013

Applicant seeks to place on record the replication.

Application is allowed, as prayed for. C.M.stands disposed of.

CWP No.17665 of 2013

The present writ petition is directed against the impugned action of the respondent-authorities, while putting the registration No.CH-01-AU 0006 to re-auction, despite having accepted the highest bid of the petitioner, in the auction held on 02.08.2013.

2. Facts of the case are hardly in dispute. Petitioner purchased a vehicle vide Annexure P-1. A public notice appended at Annexure P-2, was issued inviting applications for allotment of special numbers. In response to the public notice (Annexure P-2), petitioner applied for five numbers. He deposited requisite amount of reserve price i.e. Rs.15,000/- each for three numbers and Rs.10,000/- each for two numbers, particulars whereof stated in para 4 of the writ petition. Auction for allotment of special registration numbers was held on 02.08.2013 at 10.00 a.m. in the office of respondent No.3. Since the petitioner had applied for five numbers, he received 5 letters out of which one has been appended at Annexure P-3.

3. Petitioner appeared and participated in the auction on 02.08.2013. The special number in question is CH-01-AU 0006. Petitioner was found the highest bidder for this number. The highest bid of the petitioner was for Rs.16,500/- which was accepted by the competent authority. Petitioner was asked to deposit the remaining balance amount of Rs.1500/- only, within three working days from the date of auction. Since the petitioner was declared successful bidder in the auction of above said No. CH-01-AU 0006, he was asked to collect the refund qua the remaining four numbers, because the petitioner was no more eligible for participating in the auction for remaining numbers for which he had applied.

4. As directed, petitioner received the amount on account of refund of his remaining applications. However, when he approached the office of respondent No.3 on 03.08.2013 i.e. very next day, he was informed that auction of No.CH-01-AU 0006 has been cancelled on the ground that special numbers fetched lower price than what was expected. Petitioner submitted two representations. Annexure P-4 was submitted to respondent No.2 and Annexure P-5, a similar representation was submitted to respondent No.3. Without deciding the above said representations of the petitioner, impugned public notice (Annexure P-6) was issued, for re-auction of many special numbers including the above said number i.e. CH-01-AU 0006, which was purchased by the petitioner as highest bidder.

5. Having been left with no other option, petitioner has filed the instant writ petition. Notice of motion was issued and in the meantime, the impugned re-auction public notice (Annexure P-6), qua the above said special number i.e. CH-01-AU 0006, was stayed. Written statement was filed on behalf of respondents. Thereafter, replication was filed on behalf of petitioner.

6. Learned counsel for the petitioner submits that once the competent authority has accepted his highest bid and he was not allowed to participate in the auction qua four more numbers for which he had already applied, the respondent-authorities were estopped from cancelling the auction proceedings qua above said special number CH-01-AU 0006, which was purchased by the petitioner as the highest bidder. He further submits that the petitioner was granted the refund of amount which he deposited to participate in the auction qua other four numbers, thereby putting the petitioner out of consideration for the remaining four other special numbers. Under these circumstances, the respondent-authorities were not justified in putting the above said number to re-auction and that too without deciding the above said two representations submitted by the petitioner. Finally, he prays for setting aside the impugned public notice (Annexure P-6), qua the above said one special numbe