- (1.) Petitioner claims a writ of certiorari for setting aside the return of a cheque amounting to Rs. 3,85,000/-, deposited by the petitioner as 10% of the bid amount for the purchase of a shop cum office site. An advertisement was published by respondents in respect of auction of commercial sites on 29.12.2005 at 11 A.M in its office at Rewari. The petitioner gave a bid of Commercial Premises No. SCO 25, Sector 6, Part-I, Dharuhera, Rewari and deposited 10% of the amount i.e. Rs. 3,85,000/- at the fall of hammer. The said amount was returned to the petitioner on 1.6.2006. Petitioner served a legal notice dated 27.6.2006 pointing out that since, the amount of 10% earnest money has been accepted, therefore, respondents are bound to issue letter of allotment. It was on 21.07.2009, petitioner was informed that the bid of the petitioner has not been confirmed. It is pointed out by the petitioner that the site in question is still lying vacant which is likely to be sold in nature at a higher price so that the respondents may earn profit keeping in view the market price.
(2.) The information given to the petitioner under the Right to Information Act, 2005 (Annexure P-6) shows that the bid of the petitioner was not accepted whereas the bid of the other participants was from Rs. 40.00 lacs or Rs. 47.05 lacs. Since, the bid was of less than the market price, the same was not accepted.
(3.) Learned counsel for the petitioner relies upon a Single Bench judgment of this Court in M/s Orchid Infrastructure Developers Pvt. Ltd v. Haryana Urban Development Authority and others, 2011 162 PunLR 816, wherein in a suit for mandatory and permanent injunction, it was found that the Chief Administrator is not competent in the absence of delegation by the State Government to cancel the bid offered by the highest bidder.;