- (1.) Instant Civil Writ Petition has been brought by petitioners, Shashi Taneja and R.K.Taneja, a wife-husband duo, under Articles 226 and 227 of the Constitution of India, praying for issuance of a writ of Certiorari quashing order dated 21.06.2001 (Annexure P-6), order dated 31.03.2009 (Annexure P- 8) and order dated 31.07.2012 (Annexure P-10); a writ of Prohibition restraining the respondents from taking coercive steps to take over possession of Booth Site No.9, Sector 19-II, Faridabad (hereinafter referred to as 'the booth site'); and a writ of Mandamus directing the respondents to accept balance amount of sale consideration and other dues pertaining to the booth site from the petitioners.
(2.) It emerges from the record that Amarnath and Hari Ram (hereinafter referred to as the original allottees), being the highest bidders at Rs.12,10,000/- in an open auction, were allotted, on free hold basis, the booth site vide letter of allotment dated 10.04.1996 (Annexure P-1). The original allottees deposited an amount of Rs.1,21,000/- (being 10% of the bid money) at the fall of the hammer and Rs.1,81,500/- within 30 days of the date of issue of letter of allotment to complete payment of 25% of the bid money. According to Clause (5) of letter of allotment the balance amount of Rs.9,07,500/- could be deposited without interest, within 60 days from the date of issue of letter of allotment or, with interest @ 15% per annum, in 10 half yearly installments. Clause (8) of the letter of allotment stipulated that non-payment of installments on due date(s) would invite action for imposition of penalty and resumption of the booth site in terms of Section 17 of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 'the Act').
(3.) On the application of original allottees the booth site was transferred and a letter of re-allotment dated 09.04.1997 (Annexure P-2) was issued in favour of the petitioners. It was specifically stated in the letter of reallotment that the petitioners would be bound by the terms and conditions of the letter of allotment as also provisions of the Act and rules/regulations/instructions/guidelines issued thereunder and that as on the date of re-allotment nine installments were due, or say remained unpaid. Petitioners took possession of the booth site on 22.04.1997 but did not pay the installments towards payment of 75% balance amount of sale consideration.;