- (1.) The Petitioner has applied for grant of a writ of certiorari to quash the letter dated 11-2-1991 (Annexure 15 to the writ petition) by which he was asked to deposit Rs. 3,38,378/- by 25-2-1991 failing which the allotment of plot in his favour was to be cancelled and amount of Rs. 2,225/- by Bank draft towards the price of the plot was returned to the Petitioner. The Petitioner also prays for a writ of mandamus restraining the Respondent from cancelling the allotment of plot No. A-4 Raj Nagar District Centre, Ghazlabad and further restraining the Respondent from reauctioning the same. By a further writ of mandamus the Petitioner prays that the Respondent be directed to deliver possession of the said plot and execute the lease deed of the said plot in favour of the Petitioner.
(2.) The facts of the case, lie in a very brief compass. A commercial plot No. A-4, Raj Nagar District Centre Ghuziabad was auctioned. The Petitioner also participated in the auction. A brochure was also issued by the Respondent, which contained the conditions of the auction. The main conditions of the auction were as under (i) The participant had to deposit Rs. 10,000/- to be enable to take part in the auction; (ii) The highest bidder was to pay 25% of the bid amount at the fall of the hammer either in cash or through Bank Draft; (iii) The size of the plot which was auctioned was approximate. Its size could vary upto 15% either way subject, of course, to the proportionate increase or decrease of the total costs depending upon the percentage of variation of the cost. The balance amount bad to be paid within 15 days of the acceptance of the bid. (iv) On delayed payments interest at the rate of 15% per annum was chargeable; (v) After payment of full amount of premium the possession of the plot was to be delivered and lease deed executed within six months from the date of allotment. A true copy of the brochure is placed on record by the Petitioner as Annexure 1 to the writ petition, which is admitted by the other side.
(3.) Prior to the date of auction it was given out that the size of the plot would be 3730 sq. meters. The publication in this regard is Annexure 2 to the writ petition.;