(1.) The petitioner seeks a writ of mandamus directing the respondents to deliver possession of a Shop-cum-Office (SCO) No.49 as per the terms of an auction held on 26.11.2012.
(2.) The petitioner was allotted a site, inter alia, on the following terms and conditions for auction of freehold SCO sites (Annexure P/1):-
(3.) It was contended on behalf of the petitioner that he was not obliged to pay interest for two reasons. The first is that the Commissioner did not issue the detailed allotment letter to the petitioner after the receipt of 25 per cent of the bid amount from him. The same was paid on 20.06.2013. It was further contended that the respondents had failed to deliver possession of the site within sixty days from the date of issue of the allotment letter. He contended that as the payment of 25 per cent of the bid amount had been made on 20.6.2013, the allotment letter ought to have been given on the same day and that the period of sixty days stipulated in Clause 12 starts from that date. Accordingly, the possession of the site ought to have been handed over to him by 20.08.2013.