PATNA MOTORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Nawal Kishore Agrawal, learned senior counsel, who was assisted by Mr. P.C. Agrawal, learned counsel for the petitioner, learned AC to GP No. 1, who appears on behalf of the respondent no. 1 and 3 /State and Sri Piyush Lal, learned counsel for the respondent no. 2 / Managing Director, Bihar Industrial Area Development Authority.

(2.) THE petitioner, an entrepreneur, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has filed this writ petition with a prayer to quash a letter dated 28.7.2007 (Annexure 5 to the writ petition) whereby the petitioner was communicated regarding cancellation of allotment of plot to the petitioner and he was further intimated regarding forfeiture of the 10% of the bid amount which was deposited by the petitioner before participation in the bid and has further prayed for directing the respondents to refund the forfeited amount to the petitioner. At the time of hearing of the present writ petition, learned counsel for the petitioner has confined his prayer to the extent of directing the Respondent No. 2 to only refund the forfeited amount.

(3.) SHORT fact of the case is that some time in the month of June, 2007 an advertisement was published by the respondent no. 2 in the daily newspaper for auction of plots in Capital City of Patna on certain conditions among which it was prescribed that applicant must attach 10% of the auction value, thereafter, successful bidder was required to deposit 30% of the offered amount within 30 days and within 90 days 60% of the offered amount was to be deposited. As per advertisement the petitioner after depositing 10% of the bid amount i.e. Rs. 70,150/ - of the bid amount of Rs. 7,01,500/ - participated in the bid and he was successful in the bid, where after vide Annexure 3 to the writ petition i.e. letter dated 19.6.2007 the petitioner was intimated regarding allotment of the plot in question, which was 7,000 Sq. Feet in Plot No. C -28 in Patna Industrial Estate, for establishment of service station. The total cost of land was Rs. 7,01,500/ -. After receipt of the allotment letter the petitioner noticed that certain additional conditions were imposed in the allotment letter which was not agreeable to the petitioner and as such, vide letter dated 13.7.2007 the petitioner represented to the Executive Director , BIADA with a request either to remove such conditions particularly condition no. 02, 08, 20A -e, f, g, 21 from the allotment letter or refund the 10% of the deposited amount. The petitioner through its letter also made it clear that allotment letter dated 19.6.2007 was received by the petitioner only on 31.6.2007.