Paramjeet Singh, J. - (1.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of writ in the nature of mandamus directing the respondents to handover the actual physical possession of the shops allotted to the petitioners within a reasonable period or in the alternative directing the respondents to return the consideration amount deposited by the petitioners along with interest at the rate of 15%.
(2.) Brief facts of the case are that in April, 2013, respondents issued a public notice for open auction of 22 shops alleged to be owned by respondent No.1. The auction was held on 18.04.2013 at 11.00 a.m. in the office of respondent No.1 and shops were allotted on rent to the petitioners as per terms and conditions narrated in the public notice. In pursuance of final bid, petitioners deposited earnest month of Rs. 50,000/- each as under:- JUDGEMENT_257_LAWS(P&H)12_2014_1.html
(3.) In spite of deposit of the amount, possession was not delivered to the petitioners. It is the case of the respondents that qua the land in question Regular Second Appeal No.1712 of 2013 is pending in this Court wherein notice of motion was issued on 12.04.2013 i.e. prior to the date fixed for auction and stay was granted on 25.04.2013, therefore, they are not in a position to deliver the possession of the shops in question to the petitioners.;