VISHAL ENTERPRISES Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is a licensed trader in APMC, Mysore. It has been allotted a site bearing No.231 in 'A' block of the APMC Yard vide lease -cum -sale agreement dated 27.02.2007. Pursuant to notification dated 18.08.2012 notifying auction of corner sites by way of lease -cum -sale, petitioner filed an application on 07.09.2012 by paying earnest money deposit.

(2.) PETITIONER was the highest bidder in a public auction that was held on 10.09.2012 for site No.231 in Block 'A' of the yard. Petitioner's participation, so also the factum of it having emerged as the highest bidder was confirmed by a communication issued to the petitioner vide Annexure -F dated 13.09.2012. Petitioner was also called upon to pay the balance amount of Rs. 13,48,400/ - within seven days from the date of receipt of the notice. The total bid amount for site No.262A was Rs. 56,60,000/ -. Petitioner was required to pay 25% of the bid amount, i.e., a sum of Rs. 14,15,000/ - within seven days. That is how Annexure -F notice was issued. In response to the said notice, petitioner deposited a sum of Rs. 13,48,400/ - and addressed a letter dated 15.09.2012 in that regard.

(3.) THE 3rd respondent issued a notice to the petitioner on 23.04.2014 vide Annexure -H informing the petitioner that it was required to pay the balance amount of Rs. 42,45,000/ - within 90 days and have the lease -cum -sale deed registered. But, as the petitioner had not paid the said amount, it was informed that 90 days time had expired on 21.04.2014 and therefore, for the next 60 days, interest at 12% would be levied and that balance amount shall be paid along with interest, failing which the amount already paid would be forfeited and the allotment would be cancelled. Thereafter, the petitioner addressed a letter dated 14.05.2014 to the 3rd respondent enclosing a demand draft for a sum of Rs. 42,45,000/ - as payment towards the balance sale consideration.