Disposed

Deepak Gupta v. Rdc,Sambalpur

Orissa HC4 Feb 2019WP(C)/23673/2014

Case brief

AI extract

What is this about?

Two writ petitions challenging forfeiture of earnest money for residential plots due to delay in depositing balance amount. The court disposed of matters in light of unclear plot availability, directing authorities to consider allotment applications if plots exist while adjusting deposited earnest money towards consideration.

What did the court decide?

Directed authorities to consider allotment applications if plots are available, adjusting deposited earnest money towards consideration amount.

Deepak Gupta Vs Rdc,Sambalpur — Property and Title | Orissa HC (2019)

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W.P.(C) NO.23673 OF 2014 AND W.P.(C) NO.23674 OF 2014

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04.02.2019 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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W.P.(C) No.23673 of 2014 has been filed by the petitioner challenging the letter dated 22.11.2014 issued by the Addl. District Magistrate, Rourkela intimating the petitioner that the earnest money of Rs.16,87,500/- deposited by the petitioner for grant of lease of Plot No.Z-3/01, Civil Township, Area 7 & 8, Rourkela is forfeited for non deposit of the balance bid amount within the stipulated period.

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Similarly W.P.(C) No.23674 of 2014 has been filed by the petitioner, who is the father of the petitioner in W.P.(C) No.23673 of 2014, challenging the letter dated 22.11.2014 issued by the Addl. District Magistrate, Rourkela intimating the petitioner that the earnest money of Rs.15,87,500/- deposited by the petitioner for grant of lease of Plot No.Z-3/12, Civil Township, Area 7 & 8, Rourkela is forfeited for non deposit of the balance bid amount within the stipulated period.

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Since both the Writ Petitions involve similar questions of fact and the parties are same, the matters are taken up together for hearing and are disposed of by this common order.

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It is the case of the petitioners that a public notice was issued by the Addl. District Magistrate, Rourkela on 08.01.2010 for allotment of 36 residential plots at Civil Township, Rourkela through public auction. Pursuant to the said notice, the petitioners participated in the auction held on 22.02.2010 by filing proper applications and also deposited the required earnest money. In the auction, the petitioners were the highest bidders and offered a sum

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of Rs.67,50,000/- and Rs.63,50,000/- respectively for allotment of the aforesaid plots. However, without any rhyme or reason, the Addl. District Magistrate, Rourkela vide its letter dated 17.06.2014 intimated the petitioners regarding forfeiture of the earnest money deposited by the petitioners, if they will not deposit the balance 75 % of the bid amount by 17.07.2014. The petitioners though expected to deposit the balance bid amount after the auction was over, after lapse of long period with a short notice they could not able to deposit the amount within the time. Accordingly, the impugned orders were issued. Hence the present Writ Petitions.

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Learned counsel for the petitioners submitted that the petitioners were the highest bidders and have deposited the earnest money for allotment of the plots. There is a delay on the part of the authorities to take a decision and they suddenly informed the petitioners to deposit the balance bid amount within a period of one month, which is beyond the control of the petitioners. The petitioners are ready and willing to deposit the balance bid amount and the plots may be allotted in their favour.

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Considering the above facts and circumstances, since the present position regarding availability of plots is not clear, we dispose of both the Writ Petitions with an observation that in case the petitioners file applications before the Addl. District Magistrate, Rourkela – opposite party No.3 for allotment of the plots, in such event, their applications shall be considered by the said opposite party subject to availability of the plots and the earnest money so deposited by the petitioners be adjusted towards the

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consideration amount of the plots to be allotted in their favour in accordance with law. The above exercise shall be completed on production of certified copy of this order along with the applications for allotment of the plots, as expeditiously as possible. The decision taken, if any, shall be intimated to the petitioners.

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��.�.��.. S.Panda, J.

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�.�..��.. S.K.Sahoo, J.

Deepak Gupta v. Rdc,Sambalpur

Case brief

What is this about?

What did the court decide?

Deepak Gupta v. Rdc,Sambalpur

Case brief

What is this about?

What did the court decide?

What the court decided

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