- (1.) THE petitioners seek quashing of orders dated 08.10.2008, 22.11.2011 and 20.09.2012 (Annexures P14, P16, & P17, respectively) whereby their claim for revoking resumption of Plot No.47 in New Grain Market, Pipli (Kurukshetra), has been rejected and their appeal as well as revision petitions purportedly filed under the Punjab Agricultural Marketing Produce Act, 1961 as applicable to the State of Haryana, have also been dismissed.
(2.) THE subject plot was allotted to M/s Oswal Rice Mills a proprietor -firm through a public auction held on 20.02.1991 and on deposit of 25% of the allotment price, the allotment letter was issued on 23.04.1991, according to which the balance amount was payable in six half -yearly equal instalments along with interest @ 12.5% per annum.
(3.) AS the original allottee and various other similarly -placed allottees failed to deposit the due instalments as per terms and conditions of allotment, the Market Committee, Pipli vide notices dated 16.06.1994, 15.09.1995 and 11.04.1996 directed them to deposit the balance cost of the plots with interest and penal interest failing which the plots shall stand resumed. The aggrieved allottees (including M/s Oswal Rice Mills) went in appeal before the Chief Administrator, Haryana State Agricultural Marketing Board who vide order dated 19.12.2000 (Annexure P1) accepted their appeals conditionally in the following terms: - "After thoroughly evaluating the arguments of both the sides and have perused the record, I accept the appeals to the extent that Market Committee, Pipli should accept the balance cost of the plots with interest @ 12.5% per annum from 15.9.1995 to onwards. The appellants are also directed to pay the balance cost of the plots in two equal instalments with interest @ 12.5% per annum w.e.f. 15.9.1995 till the date of full and final payment. The first instalment should be paid within 30 days from the issue of this order and 2nd instalment should be paid on or before 10.6.2001. The appellants are also directed to construct the shops within six months from the issue of this order as per sanctioned plan and obtain completion certificate from the Market Committee. In case of failure to make the balance cost of the plots with interest and to construct the shop on the plots, the Market Committee, Pipli shall resume the plots of the defaulters without serving formalities and shall forfeit the deposits." M/s Oswal Rice Mills did not accept the above -stated order and went in revision before the State Government which was, however, dismissed vide a self -speaking order dated 04.05.2004 observing as follows: - " The appellate authority has also decided that the Market Committee would charge the interest and the penal interest only from the date of offer of the possession of the plot i.e. from 15.9.1995 and not before that. The appellate authority has also allowed the payment of the balance amount in two instalments. In view of the above, I do not find any legal or factual infirmity in the impugned order. The revision petition is, therefore, dismissed.";