- (1.) The petitioners have prayed for issuance of a writ in the nature of mandamus directing the respondents to allot plots to them in Sabzi Mandi, Sardulgarh, on reserve price, being existing licensee, and for issuance of a writ of certiorari for quashing the auction notice dated 18.11.2010 (Annexure P-21) in respect of auction of plots in Mandi Sardulgarh, proposed to be held on 03.03.2011.
(2.) In brief, the case set up by the petitioners is that they are the dealers in Vegetables & Fruits Market, Sardulgarh, which was earlier under the area of Market Committee, Mansa, but vide notification dated 15.04.1980, issued under Section 6(1) of the Punjab Agricultural produce Markets Act, 1961 [for short "1961 Act"], Sardulgarh is made an independent market under the Market Committee, Sardulgarh. It is submitted that the Colonization Department, Punjab, decided to auction plots in Sardulgarh on 03.03.2011. The petitioners made a representation for allotment of plots to them on reserve price and as their representation was not considered, the present writ petition is filed in which, at the time of notice of motion, it was observed that the auction, if any, shall be without prejudice to the rights of the petitioners.
(3.) The petitioners, in support of their respective claims, have basically relied upon two decisions of the Supreme Court in the cases of Labha Ram and Sons & Ors. v. State of Punjab & Ors., 1998 2 RCR(Civ) 529 and Prem Chand Trilok Chand and others v. State of Haryana and others, decided on 07.08.1991.;