SUDHIR KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Chetan Chatterji, learned Counsel for the petitioner as well as sri Arjun Singhal appearing for respondents No. 2 to 4. Affidavits have been exchanged between the parties and with the consent of learned Counsel for parties, the writ petition is disposed of at the admission stage itself.

(2.) THE petitioner was allotted C type plot No. 686 by the respondents-Saharanpur Development Authority vide order dated 5. 5. 2006. The said allotment was initially made in favour of petitioner after the petitioner had completed all the necessary formalities. As per the terms of allotment, the petitioner was required to deposit a total sum of Rs. 93,500/- for the said plot. The said amount was to be deposited in twelve easy quarterly instalments, payable by 30. 9. 2008. The petitioner paid six instalments but there was some default of payment of four instalments. The instalments so fixed were ranging around 6,000/- to 7000/-, to be paid quarterly. On such default, the allotment of the petitioner was cancelled by the order dated 26. 3. 2008. In the said order, a condition was imposed that in case if the petitioner so wishes, then he may pay the price of the plot at enhanced relates within fifteen days and get his allotment regularized. It is this order dated 26. 3. 2008, which is under challenge in this writ petition.

(3.) THE submission of learned Counsel for the petitioner is that though there was some default in payment of certain instalments but prior to the passing of impugned order, the petitioner had got prepared a bank draft dated 19. 3. 2008 for Rs. 25,350/-, which was deposited with the respondents-development authority. After including the said amount of Rs. 25,350/- the total amount paid by the petitioner comes to Rs. 89,511 /-, as against the total amount payable by 30. 9. 2008, which was Rs. 93,500/ -.