KANSHI RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present writ petition has been preferred by Kanshi Ram through his attorney Sh. Rajesh Mittal, claiming a writ of certiorari for quashing the order dated 17.04.2014 whereby the petitioner has been held liable to pay simple interest at the rate of 12.5% per annum and penal interest at the rate of 4% per annum. The petitioner has also claimed a writ of certiorari for quashing the letter dated 24.06.2014 whereby transfer of plot No.94 was made subject to circular No.31 dated 06.03.2013 issued by respondents.

(2.) The Market Committee, Jagadhari invited applications for sale of plots in open auction in Anaj Mandi, Jagadhari in the year 1991. The plot No.94 measuring 20 x 50 feet in Anaj Mandi, Jagadhari, was allotted to the petitioner-Kanshi Ram vide letter of allotment dated 16.05.1991. The allottee was to make payment of Rs.2,58,000/- in six yearly installments along with interest at the rate of 12.5 %.

(3.) It is asserted that the Market Committee, Jagadhari, failed to deliver possession of the site allotted even after deposit of 25% of the amount for the reason that the amenities such as water facilities, street lights and underground sewerage were not made available. The allottee was unable to construct on the plot allotted. The Market Committee claimed interest and extension fee which was disputed in appeal by the allottee before the Chief Administrator, Haryana State Agricultural Marketing Board, Panchkula (for short 'the Board'). In the said appeal, reference was made to an order passed by the Financial Commissioner & Principal Secretary to Government of Haryana, Agricultural Department on 22.07.2010 in respect of another allottee. After referring to the said order it was observed as under:-