PREM SHANKER ASOPA, J. - (1.) BY the instant writ petition, the petitioners have initially prayed for a writ of prohibition or any other appropriate writ, order or direction in the nature thereof restraining the respondents from interfering in the peaceful possession of the. petitioners and further restraining them from taking any action to dispossess the petitioners from the property in question situated at S -l, Poultry Farm, Ajmer Road, Jaipur measuring 7000 Sq. Metres. The petitioners have also prayed for payment of Rs. 50,000/ - as damages for breaking down the entry gate in question and causing mental harassment.
(2.) ON disclosure of the fact that vide order dated 4.3.2006 the lease deed dated 17.10.2005 which was duly registered on 18.10.2005, as corrected on 19.1.2006, has been cancelled and the amount of Rs. 1,93,08,001/ - was also refunded vide Cheque No. 770731 and the possession was also taken and further when the petitioners refused to receive the same then the order was affixed at the premises in question. Subsequently also, the said order dated 4.3.2006 was sent through registered post. The petitioners filed rejoinder and' submitted that after execution of the sale/lease deed no notice was given to them and the order dated 4.3.2006 has not been communicated to them. It was also stated in the rejoinder that the possession of the property was handed over to the petitioners on 10.10.2005 and the sale/lease deed was executed on 17.10.2005, therefore, the petitioners made constructions which will be referred hereinafter and ultimately, it was prayed in the rejoinder that the order dated 4.3.2006 is without jurisdiction and violative of principles of natural justice. Briefly stated, the relevant facts of the case are that on 26.10.1993, auction of the plot in question was held by the respondent JDA wherein the petitioner No. 1 M/s. Anukampa Avas Vikas Pvt. Ltd. was the highest bidder and it deposited Rs. 13,65,000/ - within twenty four hours and thereafter, the bid was approved by the Commissioner, J.D.A. i.e. the competent authority. On 23.11.1993, demand notice of thirty days was issued requiring the petitioner No. 1 to deposit the balance amount of Rs. 79,48,001/ - of the sale consideration. Before the expiry of the said period of thirty days, the respondent J.D.A. issued a letter dated 21.12.1993 whereby the petitioner No. 1 was informed that there was stay on the auction of the aforesaid plot granted by the High Court hence 15% amount deposited by the petitioner No. 1 was ordered to be refunded. The petitioner No. 1 submitted reply on 30.12.1993 (Anx. 4) to the said letter dated 21.12.1993 and demanded a copy of the said order as has been stated in the aforesaid letter dated 21.12.1993 with the further request that till the matter is finally decided, the advance amount deposited by the petitioner No. 1 may be kept/retained by the JDA. The said representation/letter was followed by remainder dated 24.8.1994 (Anx. 5).
(3.) IN the mean while, the petitioner No. 1 filed writ petition before this Court in the year 1993 which was registered as SBCWP No. 6773/1993 and contended therein that after confirmation of the bid no decision had been taken by the Commissioner, JDA in spite of the representation submitted by the petitioner No. 1. After notice to the other side, the said writ petition was decided by this Court on 26.9.1994 (Anx. 6) with a direction to the Commissioner, JDA to take decision within a period of fifteen days from the date of receipt of the certified copy of the said order. It is further stated in the present writ petition that the Court had accepted the contention of the petitioner No. 1 that no final decision with regard to the Bid submitted by it had been taken by the Commissioner, JDA after letter dated 21.12.1993. After the said judgment the petitioner No. 1 submitted a representation on 5.10.1994 (Anx. 7) along with copy of the aforesaid judgment dated 26.9.1994 with a request to the JDA to take an early decision in the matter. The same was following by reminders dated 17.8.1995, 25.6.1996, 1.6.1997 and 28.9.1999 for compliance of the judgment of this Court dated 26.9.1994.;