Judgment :-

R.V. RAVEENDRAN, J.

1. Leave granted.

2. The first appellant is the Haryana State Agricultural Marketing Board ('Board' for short) and second appellant is the Nigdhu Market Committee ('Market Committee' for short). The Market Committee established a New Grain Market at Karnal-Pehowa Road, Nighdu, District Karnal. It gave public notice of a scheme for the open auction of plots, booths and commercial places in the market, to be held on 13.1.1999. The said auction was governed by the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules 1997 (for short `the Rules').

3. Rule 4 of the Rules requires the auction purchaser/allottee to complete construction of a shop within two years from the date of the allotment order. Rule 5 provides that the terms and conditions governing sale will be determined by the Board from time to time. The following provisions of the Terms & Conditions of Sale (by auction), framed by the Board are relevant:

"3. One-fourth amount of the successful bid shall be required to be deposited on the spot. Failure to do so shall lead to forfeiture of the earnest money.

12. Allottees shall deposit the remaining three-fourths amount eit