PRADEEP KUMAR SAHU Vs. TALCHER MUNICIPALITY

JUDGEMENT

(1.) THE Petitioner in this Writ Petition has sought to challenge a clause of 'deemed cancellation' contained in the Notice No. 490 dated 21.2.2006(Annexure -6) issued by the Executive Officer, Talcher Municipality, Talcher (O.P.No. 2) calling upon the Petitioner to take possession of Shop room No. 20 in new Municipal Market at Hatatota, Talcher, within fifteen days failing which it shall be deemed that the Petitioner is not willing to accept the allotment of shop room and therefore, the same will be cancelled.

(2.) THE case of the Petitioner in brief is that Pursuant to Notice No. 1 dated 1.1.2002, Talcher Municipality, Talcher invited applications from the public for allotment of shop rooms near Hatatota (Old Weekly Market) as per the terms and conditions prepared by Talcher Municipality. The terms and conditions of the Scheme are that the allotment of shop room will be made on the 'first come and first serve' basis, and the applicant has to deposit 50% of the Security amount for the shop room applied for as mentioned in the Schedule No. 11 of the Scheme within fifteen days from the date of Notification and the balance 50% of Security amount shall be deposited by the allottee within forty -five days from the date of provisional allotment. It is stipulated in the said Scheme that in the event the allottee fails to deposit the balance security amount within the stipulated date the allotment shall stand cancelled. As per the Scheme, the allotment of shop room shall be made provisionally and the final allotment will be made on completion of the construction work of the building. It is further stipulated that rent shall be charged from the date of final allotment. As per the Scheme 50% of the security amount will be adjusted towards shop room rent and the rest 50% of the Security deposit shall be kept with the Municipality as security, which will be refunded to the allottee at the time of vacation of shop room.

(3.) PURSUANT to the Petitioner's application, Opposite Party No. 2 vide his letter No. 1874 dated 29.6.2002(Annexure -3) informed the Petitioner that the shop room applied for by him has been provisionally allotted in his favour and the allotment letter will be issued to him after deposit of the second installment, i.e.,Rs. 64,000/ -(Rupees sixty -four thousand). In the said letter it has been stipulated that the shop room shall be handed over to the Petitioner after completion of the building. The Petitioner thereafter deposited the second instalment of Rs. 64,000/ -(Rupees sixty -four thousand) by way of Bank Drafts in favour of the Opposite Party No. 2 and due receipt of the same was issued by the Opposite Party No. 2 vide receipt dated 11.7.2002 (Annexure -4). After deposit of the second instalment, Opposite Party No. 2 has issued the allotment letter No. 2076 dated 17.7.2002 (Annexure -5) allotting the newly constructed shop room No. 20 of size 15' x 20' in favour of the Petitioner at Hatatota Market indicating therein that the shop room will be handed over after finishing of the said shop room.