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1996 Supreme(SC) 1719

B.P.JEEVAN REDDY, K.VENKATASWAMI
Haryana Urban Development Authority – Appellant
Versus
Roochira Ceramics – Respondent


ORDER

Heard counsel for the parties.

Leave granted.

2. The respondent was allotted an industrial plot. He had to pay 25% of the price in the beginning and the balance in 6 equal instalments. He only paid the first instalment but not the rest. A show cause notice was given to him on 5.9.94 under section 17(3) of the HUDA Act. A notice proposing imposition of penalty was also issued. These notices could not be served upon him and therefore notices were served by affixture. A notice dated 10.1.95 was also given providing personal hearing. The respondent never appeared. Accordingly the plot was resumed under section 17(4) of the Act and the amount deposited was forfeited. The appeal preferred by the respondent was dismissed by the Appellate Authority who held that though several notices were issued to the respondent, he has been evading service. It dismissed the appeal holding that in view of the persistent defaults made by the respondent, there was no ground for interference in appeal. The respondent therefore approached Punjab & Haryana High Court by way of a writ petition. He pleaded certain financial difficulties. Without recording a finding as to the correctness of the said plea as




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