RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have challenged orders dated 15.05.2015, 10.08.2015 and 06.12.2016 passed by respondent Nos. 4, 3 and 2 respectively forfeiting 10% of the amount deposited by them in respect of the allotment of a plot of land and have sought the refund thereof.

(2.) The petitioners were successful at an auction held on 26.04.2013. The respondents accordingly issued an allotment letter dated 07.06.2013. The total consideration for the plot was Rs. 47,01,600.00. The petitioners paid Rs. 11,75,400.00 being 25% of the total consideration. Clauses 4(ix) and 6(i) of the LoA read as under:-

(3.) The petitioner was unable to pay the balance amount and accordingly by a letter dated 06.05.2015 made an application to respondent No. 4 to surrender the plot. The Additional Chief Administrator-respondent No. 3 by the impugned order dated 10.08.2015 upheld the order of the Estate Officer-respondent No. 4 dated 15.05.2015 returning the amount deposited by the petitioner but only after forfeiting 10% of the consideration. The forfeiture is challenged.