M PADMAVATHI Vs. HYDERABAD URBON DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, who along with four others gave highest bid of Rs.20,80,800/- for a plot measuring 4080 square metres auctioned by Hyderabad Urban Development Authority (for short 'HU DA') in 1996, but did not deposit the instalments of price in accordance with the conditions of allotment necessitating cancellation of her bid by the competent authority on 24-2-1999, has filed this petition for quashing the fresh auction proposed to be held by HUDA. She has further prayed for issue of a mandamus to HUDA to execute and register the sale deed in her favour by accepting the balance amount.

(2.) The petitioner participated in the auction conducted by HUDA on 5th and 6th of August, 1996 for sale of plots in HUDA Trade Centres at Ramachandrapuram and Saroornagar. She along with Sarvasri L. Srinivas, M. V.S. Sridhar, L. Chandrasekharand Dr. Jaganmohan Rao gave bid of Rs.20,80,800/- for Plot No.A measuring 4080 square metres meant for cinema theatre. Theirbid was accepted by the competent authority and provisional allotment letter dated 28-8-1996 was issued by the Vice-Chairman of HUDA. In terms of that letter, the petitioner and herco-bidders were required to pay balance price of Rs. 15,60,600/- within one month from the date of auction or within three months from the date of auction with interest @ 20%, but they failed to do so. Consequently, vide proceeding No.5642/EMC/HUDA/96, dated 24-2-1999, the competent authority cancelled the allotment and refunded Rs.2,25,2837- after making necessary deductions. For the next four years and ten months, the petitioner and her co-bidders kept quiet. She made representation dated 20-12-2003 to the Chief Minister for restoration of allotment. Afteranotherseven months, she made representation dated 1-7-2004 to the Chairman of HUDA for restoration of allotment by stating that she was prepared to pay the balance price. On 12-7-2006, she made another representation to the Vice-Chairman of HUDA with the complaintthat she has been discriminated inasmuch as the allotment of Plot No.D measuring 9624-02 square metres, which was meant for medical institution and hospital, was restored despite the fact that the allottee had not paid the price, but, in hercase, order for restoration has not been issued and the plot has been notified for re-auction. After some time, she instituted this petition for restraining HUDA from auctioning the plot in question and for restoration of allotment in her favour by asserting that the respondents have arbitrarily refused to entertain her plea. She has relied on some policy decision taken on the note file bearing No. 1695/EMU/HUDA/03 and pleaded that when the HUDA authorities have restored plots of others by accepting the balance price with penalty, there is no justification to deny similar treatment to her.

(3.) In the counter-affidavit filed by Shri P. Venkat Rama Reddy, Secretary of HUDA, it has been averred thatthe petitioner and herco-bidders are not entitled to restoration of plot because the same had been cancelled more than seven years ago on account of non-payment of the balance price. In paragraphs 4, 5 and 8, the deponent has averred as under: "4. It is submitted that in reply to para 2 of the affidavit filed in support of the writ petition, it is submitted that as per condition No.7 of the brochure the total sale price shall be payable in one month without interest which includes the initial deposit paid soon after the acceptance of the bid and as per the condition No.7 (b), the applicant shall have the option to pay the balance sale price remaining after payment of ID within three months from the date of auction with interest. The final allotment letter will be issued only on receipt of full sale consideration with interest, if any, whereas the Confirmation-cum-Provisional Allotment Letter was issued after payment of th sale consideration. 5. It is submitted that the petitioner paid the following amounts in piece meal manner as shown below contrary to the above conditions and continued to pay till 06-08-1998 and still keeping balance sale consideration pending. Whereas the due date as per auction to pay in instalments which is 04-11-1996. <FRM>JUDGEMENT_722_ALT5_2006Html1.htm</FRM>