SUSHMA Vs. PUNJAB STATE

JUDGEMENT

(1.) The petitioners as mentioned in the head note of the writ petition have filed this writ petition against the State of Punjab and improvement Trust, Bathinda and it has been prayed by them that a writ in the nature of Mandamus be issued directing the respondents not to charge interest on the instalments till possession of fully developed plot is handed over to them. Some facts can be noticed in the following manner:-

(2.) The Improvement Trust, Bathinda, allotted plot of different sizes ranging from 250 to 500 square yards as mentioned in para 4 of the writ petition. These plots were allotted in September, 1989. The plots formed part of Scheme No. 16.44 acres Development Scheme of Improvement Trust, Bhathinda. As per the conditions of auction, 25% of the bid amount was supposed to be paid within 30 days from the date of issuance of allotment letter and the rest 75% was supposed to be paid in 5 half yearly instalments. The petitioners paid 25% amount within the stipulated time. They further paid the first two instalments as per the schedule of the allotment letter without interest. They did not pay the remaining instalments mainly on the ground that the amenities which were promised to be given to the allottees had not been restored or created for them by the Improvement Trust, Having failed to resume the amenities by the Improvement Trust, the petitioners have approached this Court.

(3.) Notice of the writ petition was given to the respondents.