JAGMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is filed for quashing Annexures P.1 to P.3 and to restore the plot.

(2.) A shop-cum-flat bearing No. 134 in New Mandi Township Moga was auctioned on 29.6.1973 by the Administrator, New Mandi Township, Punjab and the petitioner became the highest bidder in the same by bidding it for a sum of Rs. 35,000/-. Accordingly, a letter of allotment in favour of the petitioner was issued in 1973. The petitioner paid 25 per cent of the bid amount i.e. Rs. 8,800/- and possession of the plot was handed over to the petitioner. Thereafter, the petitioner did not pay three instalments due on 17.5.1974, 17.11.1974 and 17.5.1975. Action was initiated by the 4th respondent for resumption of the plot under Section 13 of the Punjab New Mandi Township (Development & Regulation) Act, 1960. By an order dated 14.10.1976, passed by the 4th respondent, the plot was ordered to be resumed. The money paid by the petitioner in respect of the plot was also ordered to be forfeited. The appeal filed by the petitioner to the Commissioner was also dismissed, on 31.1.1978. A further revision to the Financial Commissioner was also dismissed on 30.7.1981. The petitioner, therefore, filed the present writ petition for setting aside the order of resumption.

(3.) According to the learned counsel for the petitioner, there was default in payment of the instalments because the respondents failed to develop the area and therefore the resumption of the plot is illegal. He further contended that he paid 25% of the bid amount and possession of the plot was also delivered to him. The only right of the respondents is to recover the balance amount from him but not resumption of the plot.