CWP Nos.2862 & 18492 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 28.10.2010 1.CWP No.2862 of 2009 Akash Rattan ...Petitioner VERSUS Haryana Urban Development Authority and others …Respondents 2.CWP No.18492 of 2009 Deepak Saini ...Petitioner VERSUS Haryana Urban Development Authority and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Sanjiv Sharma, Sr.Advocate with Mr.Vikram Sharda, Advocate Mr.Pankaj Bali, Advocate for petitioner(s) Mr.Sidharth Batra, Advocate Mr.Amit Sharma, Advocate for Mr.Arun Walia, Advocate for respondents Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of CWP Nos.2862 & 18492 of 2009 2 learned counsel for the parties, these petitions are disposed of at motion stage itself by this order since common questions of law and facts are involved therein. Mr.Batra has produced a communication dated 25.10.2010 issued by the Chief Administration, HUDA, Panchkula principally agreeing to hold a limited auction of the remaining Dhaba sites at Karnal at current prices as a last opportunity with a rider that in case of lack of competitive biding, the Presiding Officer shall reserve the right to withdraw any site from auction. This condition has been explained by Mr. Batra that in the earlier auction, one person was representing a group of Dhaba Walas to frustrate the competitive bidding. There seems to be substance in the contention. In view of the above circumstances, learned counsel for the petitioners have fairly conceded that the petitioners will either themselves bid for the sites or each petitioner will appoint separate attorney. Admittedly, 16 sites are available for allotment/auction. The HUDA has agreed for limited auction confined to the eligible Dhaba Walas. In view of the above circumstances, these petitions are disposed of with the following directions:- (1)All the 16 sites shall be put to limited auction confined to eligible Dhaba Walas; (2)Limited auction shall be held within four months from today; (3)Each eligible Dhaba Wala will either himself participate in the auction or appoint a separate attorney; (4)No person shall be allowed to bid for more than one eligible Dhaba CWP Nos.2862 & 18492 of 2009 3 Wala; and (5)It is made clear that only those Dhaba owners who participated in the auction held on 30.1.2008 shall be eligible to make bid. Copy of this order be placed on record of each concerned file. (PERMOD KOHLI) JUDGE 28.10. 2010 MFK CWP No.10585 of 2010 4