- (1.) The petitioner, by way of instant petition under Article 226/227 of the Constitution of India, seeks to invoke the writ jurisdiction of this Court, challenging the orders dated 8.4.2008, 13.10.2009 and 18.4.2012 passed by respondents No.3, 2 and 1, respectively, thereby declining the request of the petitioner for transferring, in his favour, the commercial site No. 180, Sector 26, Grain Market, Chandigarh.
(2.) Facts first. This case has a long and chequered history. One Om Prakash (hereinafter referred to as 'original allottee') purchased a commercial site No. 180, Sector 26, Grain Market, Chandigarh, in an open auction on 6.2.1972, for an amount of Rs. 85,600/-. He deposited 25% of the sale consideration at the time of auction. The remaining 75% amount was to be paid by him in three equated annual installments, as per clause 5 of the terms and conditions of the allotment issued in his favour, vide allotment letter dated 12.4.1972 (Annexure P-1). First installment was to be paid at the expiry of one year from the date of auction. Pursuant to the allotment letter, possession of the plot was handed over to the original allottee on 15.4.1972, as depicted in the communication dated 22.4.1972 (Annexure P-2). Consequently, the original allottee constructed one storey building on the above said plot.
(3.) Since the original allottee failed to make the payment of the balance amount towards the sale consideration in time, the resumption order dated 11.2.1975 (Annexure P-3) came to be passed by the competent authority-respondent No.3. Knowing fully well that he was no more having any title over the commercial site, the original allottee entered into an agreement to sell with petitioner for a consideration of Rs. 1,50,000/- and received the earnest amount of Rs. 40,000/-, vide agreement to sell dated 19.12.1979 (Annexure P- 4).;