S.J. Vazifdar, J.

The petitioner seeks a writ of mandamus directing the respondents to deliver possession of a Shop-cum-Office (SCO) No.49 as per the terms of an auction held on 26.11.2012. The petitioner has challenged the respondents' demand for interest without delivering possession of the SCO. Lastly, the petitioner seeks an order directing respondent No.2 to grant a rebate of 5 per cent on the total consideration stating that he is ready to pay the entire amount in one lump-sum.

2. The petitioner was allotted a site, inter alia, on the following terms and conditions for auction of freehold SCO sites (Annexure P/1):-

“2. Intending bidders are required to deposit Earnest Money eligibility fees @ Rs. ______/-. The Earnest Money shall be paid in cash or by an account payee demand draft in favour of The Commissioner, Municipal Corporation, Ludhiana payable at Ludhiana against proper receipt issued by the LCIA, M.C. Ludhiana before the Commencement of auction. No person/Company's or associations are eligible for participation in the auction, if the prescribed earnest money deposit is not deposited before the commencement of the auction.

3. Earnest money of the unsuccessful bid