JAGDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has prayed for a writ in the nature of certiorari for quashing of order dated 16.02.2012 by which allotment of land in the name of the petitioner, purchased in auction, has been cancelled.

(2.) In brief, the surplus land measuring 2.63 acres situated in village Virk Khera was put to auction on 29.12.1999. The petitioner was the highest bidder for an amount of Rs. 7,38,300.00 and deposited Rs. 74,000.00 being 10% of the bid amount, at the time of bid and also deposited Rs. 2,44,000.00 on 16.05.2000. Thereafter, an agreement was entered into between the petitioner and the State Government on 20.07.2000 in which it was provided that the amount of Rs. 3,18,000.00, being 25% of the total cost of the site, shall be adjusted against the total price and the remaining 75% was to be paid by the petitioner in four instalments with interest @ 15% per annum, as per the following schedule:- <FRM>JUDGEMENT_254_LAWS(P&H)11_2015_1.html</FRM>

(3.) It was also provided in Clause 7 of the agreement that "in case the instalment is not paid by the 10th of the month following the month, in which it falls due, the Executive Engineer, Abohar Canal Division, Abohar shall proceed to take action for imposition of penalty charged @ 2% per month in addition to 1.25% per month of the amount due from the due date. In case non-payment of the instalment along with interest due thereon for a continuous period of 2 months, the whole or any part of the money paid in respect of the site shall be forfeited and the Executive Engineer, Abohar Canal Division, Abohar shall cancel the allotment and resume the site".