- (1.) C.M.No.16182 of 2012 Application is allowed subject to all just exceptions. Judgement passed by the learned Civil Judge (Junior Division), Faridabad, dated 24.4.2006, is permitted to be placed on record as Annexure P-17. Crl.Misc. Application stands disposed of. CWP No.22054 of 2012
(2.) The petitioner-company, through the instant writ petition, filed under Articles 226/227 of the Constitution of India, seeks to invoke the writ jurisdiction of this court for issuing a writ in the nature of Certiorari, quashing the resumption order dated 12.2.2001, passed by the competent authority and also the subsequent orders passed by the appellate as well as the revisional authorities, whereby the resumption order was upheld.
(3.) The facts of the case, when put into narrow compass, are that a commercial plot bearing Booth No.38, Sector 15-A, Part-I at Faridabad, was allotted to the petitioner, vide letter of allotment dated 30.5.1989 (Annexure P-1). The allotment was made on freehold basis, pursuant to an open public auction, as per the terms and conditions of allotment. Total sale consideration of the commercial plot was Rs. 6,82,000/-. Petitioner-company deposited the initial amount of 25%. Out of 25%, 10% was deposited at the fall of hammer and 15% on issue of allotment letter. However, thereafter, petitioner did not pay the remaining 75% amount towards the sale consideration. On the other hand, petitioner started writing letters to the respondent authorities immediately after the allotment, including letters dated 21.8.1989 (Annexure P-2) and 20.10.1989 (Annexure P-3), disputing the price to be on higher side, as alleged by the petitioner. When the petitioner did not deposit any amount for more than 11 years, despite repeated notices, the competent authority passed the resumption order dated 12.2.2001.;