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Challenging the illegal order of Chairman Improvement Trust

Guest (Querist) 14 February 2010 This query is : Resolved 
In the auction on 9/2/2010 for shop No. 13A with Govt price Rs 4.56 Lakhs my final bid for Rs 5.12 Lakhs (with 10 %more being corner) i.e for Rs 5.63Lakhs,has been illegally cancelled for want of a compulsory illegal bid of Rs 7 Lakhs in the open auction.when I protested to the Chairman Improvement Trust Nabha (Sh. Bhupesh Aggarwal)against this disparity and discrimination bidder ,the auction already declared cancelled ,was reopened and then closed the file by entering illegally another bid of Rs 513/- in the name of another person in my place in order to save his skin and then again cancelled by reading a pamphlet that he has powers to cancel any bid. I made representation to Director Local bodies. Kindly guide me what should I do know.I want to challenge the decision of Chairman Improvement Trust Nabha
B K Raghavendra Rao (Expert) 14 February 2010
File a writ petition challenging the cancellation of auction process and seek direction to the Chairman, Improvement Trust to allot the shop to you treating you as successful bidder.

Even though Chairman has powers to cancel any bid it shall not exercised indiscriminately and to the detriment of successful bidder without a valid reason.
Parveen Kr. Aggarwal (Expert) 14 February 2010
You have already made representation to the Director Local Bodies, Punjab.

You may serve a notice on the Improvement Trust as well as the State of Punjab and then file a civil suit challenging the illegal action. However, if any remedy of appeal etc. is provided in the terms and conditions of auction, you will have to avail the same.

The Chairman of the Improvement Trust cannot illegally and arbitrarily cancel your bid when your bid is higher than the reserve price fixed for the property.
Guest (Querist) 14 February 2010
Respected Parveen Sahib,
Thanks for your guidence. As you told me to serve a notice. Will you pls supply me a copy of notice so that I may send to Chairman Improvement Trust as well as State of Punjab
JAVED AFZAL
Raj Kumar Makkad (Expert) 14 February 2010
Javed! It shall be better to engage a local lawyer for this purpose as he has to prepare and send the notice in his name on his behalf. It is not good to supply the format of the notice to his counsel by any litigant. You supply only the facts and documents of your case and he shall well draft legal notice as suggested to be sent to State of Punjab & all concerned.


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