GUJARAT HOUSING BOARD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Letters Patent Appeal under Clause15 of the Letters Patent has been filed feeling aggrieved by the order dated 17.09.2019 passed by the learned Single Judge in Special Civil Application No.6626 of 2016.

(2.) Facts on account of which the present Letters Patent Appeal is brought before us are that the original petitioner applied on 27.09.2013 for the purpose of rent, an office situated at Khatodara, Surat. This was pursuant to an advertisement issued by the appellant - Gujarat Housing Board in the month of October, 2013, inviting applications for the purchase of various properties situated in different parts of Gujarat. With respect to property in question, respondent No.2 - original petitioner, filled through tender and was found to be the highest bidder with respect to rent property at Khatodara, Surat. A decision was taken by the Appellate Board to allot the same vide communication dated 24.02.2014. In response to the said communication and allotment of the premises, a total amount of Rs.52,22,222/ was paid by the original petitioner. While bidding the property in question, the original petitioner paid an amount of Rs.3,33,650/ as an earnest money, while the remaining amount was paid in a phase manner. It is the original petitioner's case that pursuant to the allotment letter dated 24.02.2014, the petitioner was required to pay the remaining amount by 20.03.2014. However, on account of circumstances beyond control, he could not generate the funds. A request was made to the respondent No.3 authority i.e. the present appellant for an extension of time, from 20.03.2014 to 30.04.2014. The said letter was written on 14.03.2014, six days prior to the deadline for payment. By this date, the petitioner had made payment of Rs.23,50,000/, in addition to the security deposit as indicated above. Thereby, nearly 50% of amount had been paid before requesting for an extension of time. The said request for extension of time was duly received by respondent No.3 office i.e. present appellant. Subsequently, by 17.04.2014, the original petitioner i.e. respondent No.2 herein cleared the entire payment, which was acknowledged by the office of present appellant. The said payment was acknowledged and conveyed to him vide letter dated 17.04.2014.

(3.) It is the original petitioner's case that in wake of the aforesaid situation, when the entire consideration has been acknowledged, the appellant authority did not execute the Sale Deed in favour of the petitioner. A letter was written on 29.05.2014 requesting the execution of the Sale Deed. Despite repeated representations and personal visit to the appellant Board at Surat as well as that at Ahmedabad, over a period of seven months, no attention was paid. Surprisingly, after an unreasonable period of time, despite having accepted the entire cost of consideration, on 02.01.2015, an intimation was given by the Appellant Board that since original petitioner i.e. the respondent No.2 herein had not complied with Condition No.1 of the tender bid, the entire process of tender stood cancelled. Along with the letter, a cheque amounting to the consideration paid by the original petitioner was sent back. Said letter is a part of the record.