GIRDHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Letters Patent Appeal Nos. 28, 29, 30 of 1994 and Letters Patent Appeal No. 169 of 1995 as all the aforesaid appeals have arisen from a common judgment dated March 23, 1993 passed by the learned Single Judge. Vide the aforesaid common judgment, the learned Single Judge has disposed of Civil Writ Petition Nos. 4798, 4840, 4956 and 4957 of 1982. For the sake of convenience, the facts are taken from Letters Patent Appeal No. 28 of 1994 arising out of Civil Writ Petition No. 4798 of 1982.

(2.) AN auction of some plots was carried out by the Administrator, New Mandi Townships, Punjab in Mandi Township, Abohar on December 14, 1973. Plot bearing No. 112 was auctioned in favour of Girdhari Lal, who was the highest bidder for a consideration of Rs. 64,200/-. 25% of the bid amount was deposited by aforesaid Girdhari Lal on the date of auction. The balance amount was to be paid in six half yearly instalments along with interest at the rate of 6% per annum. Girdhari Lal did not pay any further amount after making the initial payment of Rs. 16,050/-. A notice was issued to him on September 8, 1975 by the Administrator, New Mandi Township, Punjab. He was asked to pay the amount due along with penalty of Rs. 9,564.20 on or before 30 days. Neither the amount was paid by them nor any reply was submitted to the aforesaid show- cause notice. A subsequent show-cause notice dated November 11, 1975 was again issued and Girdhari Lal was asked to deposit amount of Rs. 18,792.95. It was clarified that in default of the aforesaid payment, action to resume the plot and forfeit the amount already deposited by him would be taken. It was further mentioned in the said notice that the aforesaid property would be re-auctioned and if there was any loss while re-auctioning the plot, the same would be recovered from him. The aforesaid notice was acknowledged by Girdhari Lal. However, no action was taken by him. Consequently on May 24, 1976, the Administrator, New Mandi Township, Punjab, Chandigarh resumed the aforesaid site along with structure, if any, and forfeited the entire amount paid by him in respect of the aforesaid plot. The aforesaid order was challenged by Girdhari Lal by filing the aforesaid writ petition being Civil Writ Petition No. 4798 of 1982.

(3.) THE respondents in the writ petition contested the claim of the writ petitioner. It was claimed that the writ petitioner had defaulted in making the repayment of the due instalments and, accordingly, two show-cause notices had been issued to him calling upon him to make the payment. An opportunity of personal hearing was also granted but inspite of the aforesaid fact the writ petitioner had failed to make the payment. It was also maintained by the aforesaid respondents that the necessary amenities had been provided and, in any case, the providing of the aforesaid amenities was not a pre-condition for payment of the due instalments.