129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 14.01.2025 Usha Rani and others ...... Petitioners Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Aashish Chopra, Senior Advocate, with Mr. Vaibhav Sehgal, Mr. Gagandeep, Advocates for the petitioners.

Mr. Navneet Singh, Senior DAG Punjab.

-.- -.-

HARSH BUNGER, J. (ORAL)

1. Petitioners (Usha Rani and others) have filed the instant civil writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 11.09.2024 (Annexure P-29), passed by the Commissioner, Municipal Corporation, Ludhiana, whereby the representation dated 02.05.2024 (Annexure P-24), submitted by the petitioners, has been rejected.

1.1 A further prayer has been made for issuance of a writ in the nature of mandamus for directing respondents No. 1 and 2 to proceed as per letters dated 15.03.1990 (Annexure P-1 and Annexure P-2) and to execute the agreement/conveyance deed after receiving balance payment from the petitioners in accordance with terms and condition of auction.

2. Briefly, Municipal Corporation, Ludhiana (respondent No. 2) conducted an auction on 14.02.1990, wherein the predecessor in interest of the petitioners, namely, Shri Rajinder Gupta, was the highest bidder for Plots No. 10 and 11, New Prem Nagar, Behind Rose Garden, Ludhiana.

2.1 It appears that the said auction was approved by the Municipal Corporation, Ludhiana on 07.03.1990 and letters dated 15.03.1990 (Annexure P-1 and Annexure P-2) were issued to Shri Rajinder Gupta, indicating that his bid for Plot No. 10 (at the rate of Rs. 1350 per sq. yard) and Plot No. 11 (at the rate of Rs. 1600 per sq.

yard) has been accepted.

2.2 It is stated that Shri Rajinder Gupta deposited an amount of Rs. 80,000/- on 14.02.1990 as against Plot No. 11 and Rs. 67,500/-

on 14.02.1990 as against Plot No. 10.

2.3 It transpires that thereafter, the allotment letters dated 15.03.1990 (Annexure P-1 and Annexure P-2) were issued to Shri Rajinder Gupta, indicating that an agreement on stamp paper of Rs. 3/- be executed and further 25% of the total sale consideration be deposited in the treasury of the Municipal Corporation, Ludhiana, within one month from the date of approval.

2.4 It is stated that upon receipt of letters (Annexure P-1 and Annexure P-2), Shri Rajinder Gupta approached the office of Municipal Corporation, Ludhiana on various occasions to execute the agreement, however, it is alleged that every time, Shri Rajinder Gupta was turned back by saying that since the plots in question are under unauthorized occupation, therefore, further formalities will be carried out only after the unauthorized encroachments are removed therefrom. It is further stated that Shri Rajinder Gupta deposited an amount of Rs. 50,500/-, vide receipt dated 28.04.1995 and Rs. 30,000/-, vide receipt dated 29.11.1995 (Annexure P-3 and Annexure P-4, respectively).

2.5 According to the petitioners, since the encroachments over the plots were not removed, accordingly, Shri Rajinder Gupta submitted representation dated 13.02.2001 (Annexure P-5) to Municipal Corporation, Ludhiana, for execution of agreement and for delivery of possession. It is further stated that Shri Rajinder Gupta submitted various other representations dated 11.03.2011, 29.04.2014, 22.08.2014, 28.10.2015, 28.10.2015, 01.12.2015, 01.12.2015, 02.08.2017 and 05.01.2018.

2.6 In para 13 of the instant civil writ petition, the petitioners state that though there was no agreement to sell in favour of Shri Rajinder Gupta, however, under mistaken advice, Shri Rajinder Gupta filed a civil suit dated 18.03.2015 (Annexure P-13) of possession by way of specific performance, which came to be dismissed in default on 14.11.2019 (Annexure P-14).

2.7 It is stated that petitioner No. 2 (Sanjay Gupta) submitted a representation dated 02.05.2024 (Annexure P-24) seeking possession of the