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High CourtsSingle Bench(2014) 07 P&H CK 0092

Dimple Arora vs Pepsu Road Transport Corporation

Punjab And Haryana At Chandigarh · Decided on 15 July 2014

HON’BLE JUDGES
Ritu Bahri, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 8777 of 2013 (O&M)

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Judgment

7 paragraphs · 354 words

Ritu Bahri, J.—The petitioner is seeking quashing of the auction notice dated 23.04.2013 (Annexure P-4) issued by respondent No. 1 for auction of cycle stand/car parking/auto rickshaw stand.

2.

Grievance of the petitioner is that pursuant to the auction notice dated 10.04.2013 (Annexure P-1), he was the highest bidder for the cycle stand and had deposited Rs. 10,000/- with the respondents. The auction had to be approved by the Managing Director, Pepsu Road Transport Corporation, Patiala. Subsequently, a fresh notice dated 23.04.2013 (Annexure P-4) has been issued.

3.

Respondent Nos. 1 and 2, in their written statement, have stated that the earlier auction was not confirmed by the Managing Director, PRTC and there had to be minimum increase of 10% in the monthly licence fee after 11 months and thereafter, 15% of licence fee in the second term. In the preceding year 2012-13, which was valid till 30.04.2013, the cycle stand was allotted to the petitioner for a sum of Rs. 1,86,000/- per month. The petitioner had given a bid for Rs. 1,88,000/- per month for the year 2013-14, which was declined as it was against the Committee report dated 02.11.2007 (Annexure R-1). Pursuant to this decision, fresh auction notice dated 23.04.2013 (Annexure P-4), in which the highest bid was for a sum of Rs. 2,20,600/- per month, which is higher than the previous bid.

4.

During the pendency of this petition, vide order dated 26.04.2013, this Court had given a direction not to finalize the auction proceedings pursuant to the notice (Annexure P-4). The impugned notice (Annexure P-4) was also for 11 months and that period has now expired in April, 2014.

5.

Keeping in view the fact that pursuant to the auction notice dated 23.04.2013 (Annexure P-4), the respondent-corporation had received a bid of Rs. 2,20,600/-, which was in the interest of the PRTC, Patiala, no ground is made out to quash the said notice.

6.

Dismissed.

7.

However, the respondents shall be at liberty to issue fresh auction notice and before issuing the same, they will return back the amount, deposited pursuant to Annexures P-1 and P-4, to the respective parties.