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2016 Supreme(P&H) 664

S.J.VAZIFDAR, ARUN PALLI
Krishan Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. Suman Jain, Advocate.
For the Respondent: Mr. Rahul Dev Singh, DAG, Haryana and Mr. Deepak Balyan, Addl. AG, Haryana.

JUDGMENT

Mr. Arun Palli J.:- A writ of mandamus is prayed for directing the respondents to release a sum of Rs.1,60,000/- along with interest @ 15% per annum w.e.f. 01.06.2015 till its realization. Further, an interest @ 15% per annum be also awarded on Rs.62,48,000/- w.e.f. 01.06.2015 till 06.08.2015.

2. Briefly, the case set out in the petition is that the petitioner was allotted SCO No.6/GF+FF in the Housing Board Colony, Bhiwani, on 25.06.2013, in an open auction, for a consideration of Rs.1,20,20,000/-. 25% of the bid amount i.e. Rs.30,05,000/- was deposited by the petitioner at the time of auction itself. And in terms of clause 3 of the letter of allotment, dated 19.08.2013 (Annexure P/1), he also deposited 15% of the sale consideration i.e. Rs.18,03,000/-. Petitioner opted to pay the balance sale consideration in ten equal half yearly installments, of Rs.9,33,999/- each inclusive of 10% interest. And Rs.76,10,000/- till 01.05.2015, he had paid. The respondent-Board, vide resolution dated 12.02.1985 (Annexure P4), adopted the policy formulated by Haryana Urban Development Authority (HUDA), regarding surrender of commercial sites/buildings sold by auction. And, in terms thereof












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