LAWS(P&H)-2013-8-336

KALI CHARAN Vs. STATE OF HARYANA

Decided On August 26, 2013
KALI CHARAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of fourteen Civil Writ Petitions (No. 25608, 25610, 25611, 25612, 25613, 25614, 25615, 25616, 25617, 25619, 25620, 25621, 25622 and 25623 of 2013), as these involve common questions of fact and law. However, for convenience, the facts necessary for disposal of the petitions, have been taken from C.W.P. No. 25608 of 2013. In an open auction held on 17.07.1998, petitioner was the highest bidder for Plot No. 1 measuring 20 Ft. X 50 Ft. in the New Sabji Mandi, Ballabgarh. Tentative price of the plot was Rs. 26,30,000/ -. Petitioner deposited an amount of Rs. 5,37,500/ -, claiming it to be 25% of the total price of the plot, at the fall of the hammer, as per terms and conditions of auction contained in pamphlet (Annexure P -1). As per Clause 3 of the terms and conditions of auction the petitioner could deposit the balance amount, i.e., 75% of the total price of the plot, within 30 days from the date of issue of the letter of allotment, without interest, or in six half yearly equated instalments with interest @ 15% per annum.

(2.) PETITIONER having deposited an amount of Rs. 5,37,500/ - at the fall of the hammer, Plot No. 1 measuring 20 Ft. X 50 Ft. was allotted to him vide letter of allotment dated 08.06.1999 (Annexure P -2). Clause 3(a) of the letter of allotment (Annexure P -2) reads as under: -

(3.) PETITIONER after having deposited an amount of Rs. 5,37,500/ - did not deposit the remainder either in one lump sum or in installments as per schedule of payment given in the letter of allotment which was agreed to by him.