- (1.) The petitioner has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India questioning the action of the respondents in forfeiting the amount deposited by him pursuant to the auction proceedings conducted by the respondents for allotment of plots in which the petitioner was a successful participant. The auction took place on 29.7.2011 and the petitioner made a bid of 62 crores which being the highest was accepted. According to the terms of the auction notice, 10% of the auction price was to be deposited at the fall of hammer, 15% within 30 days and 75% balance in five equated half yearly instalments. The letter of intent was to be issued to the successful bidder within seven days and letter of allotment within 90 days thereafter.
(2.) The petitioner deposited a sum of Rs. 3.2 crores at the fall of hammer and another sum of Rs. 90 lakhs on 30.7.2011 but developed second thoughts regarding the availability of infrastructure and the feasibility of the project and thus requested the official respondents to refund the money deposited by him.
(3.) The request was not acceded to and instead a show cause notice dated 3.8.2011 was issued to the petitioner to pay the balance amount or face the consequences of forfeiture by virtue of an order passed on 18.8.2011 (Annexure P-4). Learned counsel for the petitioner contends that there is no provision for forfeiture of the amount and such clause could have become operative if the letter of intent or the letter of allotment has been issued to the petitioner which in this case has not been done and consequently the respondents who seek to rely on clause of proposed letter of allotment cannot do so.;