- (1.) The petitioners claim a writ of mandamus directing the respondents to hand over the possession of the shop-cum-flat (SCF), purchased in an open auction by M/s Sunil Kumar & Company.
(2.) The brief facts leading to said prayer is that in an open auction conducted on 10.4.1996, M/s Sunil Kumar & Company was the highest bidder for the purchase of SCF No. 122, Sector 19, Faridabad at a total cost of Rs. 24,50,000/-. An allotment letter was issued on the same date i.e. on 10.4.1996. The possession of the said plot was offered to M/s Sunil Kumar & Company on 30.9.1996. But at the time of actual possession, it was found that the area available is less than the plot size allotted. The building plans were submitted by M/s Sunil Kumar & Company in respect of the plot, the possession of which was handed over to it but the same were not sanctioned.
(3.) The petitioners purchased the plot in question from M/s Sunil Kumar & Company. On the basis of the said purchase, re-allotment letter dated 13.7.1999 was issued to the petitioners, subject to payment of Rs. 20,83,800/-.;