- (1.) Challenge in the present writ petition is to the order of cancellation of allotment dated 5.1.2012 (Annexure-P-8) and also an order dated 23.5.2014 (Annexure-P-11), passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Town and Country Planning Department, exercising the powers of the State Government. The petitioner was allotted a 151.92 sq. mtr. residential plot, vide letter of allotment dated 13.9.2010 for a total tentative price of Rs. 10,78,632/-. The said allotment to the petitioner was after he has deposited 10% of the tentative price i.e. Rs. 1,15,100/-. However, another 15% of the sale price amounting to Rs. 1,54,558/- was required to be deposited within 30 days.
(2.) The petitioner was required to deposit 15% of the total price, so as to accept the offer of allotment of plot in question as per condition 5 of the allotment of letter. The letter of allotment further contemplates that in case of failure to deposit the amount within 30 days, the amount of bid money shall stand forfeited. The relevant condition in the letter of allotment reads as under:- "5. In case you accept this allotment, please send your acceptance by registered post alongwith an amount of Rs. 154558.00 within 30 days from the date of issue of this allotment letter, which together with an amount of Rs. 115100.00 paid by you alongwith your application form constitute 25% of the total tentative price."
(3.) Admittedly, the petitioner did not communicate any acceptance nor deposited the amount of Rs. 154558/- i.e. 15% within 30 days. It was on 13.9.2011 i.e. after almost 365 days from the date of allotment, the petitioner deposited Rs. 9,00,000/-. The said amount was refunded to the petitioner on 5.1.2012 and the offer of allotment of plot was cancelled for the reason, the petitioner has not conveyed acceptance within 30 days of the issuance of letter of allotment. The petitioner filed revision, which has remained unsuccessful.;