Statutory Appeal 'Rendered Infructuous: Petitioner's Remedy Lies in Challenging Reallotments: P&H HC

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the High Court of Punjab and Haryana declared that a statutory appeal against the rescission of auction proceedings for disputed lands has been "rendered infructuous". The case revolves around the petitioner, Manjit Singh Sran, who contested the re-auctioning of lands after his initial successful bid was rescinded.

Justice Sureshwar Thakur, in his oral observations, emphasized that the petitioner has the option to seek remedy by making a "lawful challenge to the reallotments of lands to one Veerpal Singh". Veerpal Singh had emerged as the highest successful bidder in the re-auctioning, which was carried out as per government instructions following an objection.

The genesis of the case dates back to the auction of disputed lands, wherein the petitioner claimed to be the successful bidder. However, the auction was later rescinded in favor of a higher bid. The petitioner sought a mandamus for a prompt decision on his statutory appeal against the decision, which the Court found was rendered infructuous due to the subsequent re-auctioning and leasing of the lands.

Justice Thakur observed that "though this Court, through verdict made upon the writ petition, had permitted the petitioner to raise a statutory appeal against Annexures P-8 and P-9, but no direction was made... that till the preferment of the said appeal, the respondent concerned may not draw any further auction proceedings in respect of the petition lands."

Highlighting the course of action for the petitioner, the Court directed that "the amounts deposited by the petitioner be released, in accordance with law", subject to an application being presented to the competent authority.

This decision sheds light on the nuances of auction proceedings and the legal recourse available to aggrieved parties, underlining the importance of timely challenges and appeals in such matters.

Date of Decision: 16 October 2023

MANJIT SINGH SRAN VS STATE OF PUNJAB AND OTHERS