- (1.) THE present batch of writ petitions are being decided by this common order, and the facts, illustratively, are taken from SBCWP No.12242/2012 - Smt. Kamal Jeet Kaur Vs. State & Ors. and SBCWP No.8637/2012 - Smt. Santosh Joshi Vs. State & Ors.
(2.) THE petitioners have approached this Court by way of present writ petitions assailing cancellation of their bids, which they gave in pursuance of the advertisement/auction notice(s) issued by the respondent - Rajasthan Housing Board for auction of residential/commercial plots in the colonies developed by them at different places, namely, Hanumangarh, Banswara and Jodhpur. The petitioners have claimed that in pursuance to the Advertisement/s, issued by the respondent - Rajasthan Housing Bord, they gave their offer by way of bids at more than the Minimum Sale Price (for short, hereinafter referred to as 'MSP') per square meter fixed by the Rajasthan Housing Board in the Advertisement; and the same was accepted by the Housing Board, however, before approval of the said bid(s), the respondent - Rajasthan Housing Board, cancelled the said auction proceedings and sought to refund back the advance amount deposited by the petitioners at the time of auction as per the said Advertisement, which was 15% of the bid amount. The petitioner, Smt. Santosh Joshi (SBCWP No.8637/2012) in pursuance to the Advertisement dated 26.03.2012 applied for residential Plot No.23/196 measuring 91.5 square meters, at Chopasni Housing Scheme, Jodhpur, and MSP for the said corner plot was fixed by the respondent - Rajasthan Housing Board at Rs.15,000/ - per square meter. The petitioner, Smt. Santosh Joshi, gave the highest bid of Rs.21,501/ - per square meter against the MSP fixed by the respondent - Rajasthan Housing Board at Rs.15,000/ - per square meter. The petitioner against the total amount of Rs.19,67,342/ - deposited a sum of Rs.3,00,000/ - vide receipts Annex.3 and 4 dated 20.03.2012 and 30.03.2012. The said amount of advance paid is still lying deposited with the respondent - Rajasthan Housing Board.
(3.) IN the case of Smt. Kamal Jeet Kaur (SBCWP No.12242/2012), the petitioner applied for Plot No.2/107 -A (MIG -B) corner plot at New Housing Scheme, Suratgarh, for which the MSP fixed by the respondents was Rs.10,000/ - per square meter, whereas the bid of the petitioner of was at Rs.11,540/ -. Against the said total amount of Rs.18,01,974/ -, the petitioner deposited a sum of Rs.1,00,000/ - on 29.03.2012 and Rs.2,00,000/ - on 30.03.2012, which is said to have been refunded back to the petitioner, and the said auction was also cancelled by the respondent - Rajasthan Housing Board.;