VARINDER KUMAR Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-7-155
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 04,2011

VARINDER KUMAR Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

ADARSH KUMAR GOEL,A.C.J. - (1.) GRIEVANCE raised in this petition is against demand of interest under Rule 4(5) of the Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 even after the necessary payments were made. Case of the Petitioner is that a plot was allotted to him in the Grain Market at Mansa vide letter dated 8.12.2009. The entire payment having already made, the Estate Officer, Punjab Mandi Board issued letter dated 3.9.2010 raising demand for interest which also covered the period after the deposit on the ground that the above Rule enabled such liability to be created if the payment was beyond 30 days from the date of issuance of the allotment letter. Aggrieved thereby, this petition has been filed on the ground that the Rule has been misread and once the entire payment is made, no interest could be claimed thereafter. Alternatively, prayer has been made to quash the Rule, as being arbitrary.
(2.) THE Mandi Board has contested the petition by submitting that once the payment was not made within 30 days, the interest liability will continue for two years irrespective of payment earlier.
(3.) WE have heard learned Counsel for the parties. Since the issue involves interpretation of Rule 4(5) above, the same is reproduced below: 5) The balance of seventy five per cent of the allotment price, may either be deposited in lump sum without interest within a period of thirty days from the date of issue of the allotment letter by deducting two per cent of the said balance amount, as a discount or in six half yearly installments with fifteen per cent interest or at such rate of interest, as may be notified from time to time by the State government. The first such installment shall fall due after six months from the date of allotment letter.;


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