Dinesh Maheshwari, J. - (1.) THIS intra -Court appeal is directed against the order dt. 30.11.2012 whereby, the learned Single Judge of this Court has allowed the writ petition (CWP No. 3888/2009) filed on the grievance of the respondent (the respondent herein) against cancellation of the allotment of an industrial plot in the Industrial Area at Niwai on the alleged ground of the petitioner's failure to make requisite payment within time. The learned Single Judge found the so called delay being not attributable to the writ petitioner; and the respondents being rather unreasonable in their stand. Put in a nutshell, the relevant background aspects of the matter are that in response to an advertisement inviting applications for allotment of industrial land at Niwai, the writ -petitioner Company made an application and was permitted to participate in the limited bidding with the requirement of depositing Rs. 60,000/ - as earnest money and further requirement of depositing 10% of the payable amount immediately at the time of allotment. The writ -petitioner participated in the bidding held on 26.05.2008; and an industrial plot bearing number D -261 admeasuring 5,000 sq. mtrs. came to be allotted to it after acceptance of its offer at Rs. 640/ - per sq. mtr. The writ -petitioner had deposited a sum of Rs. 60,000/ - towards earnest; and made payment of the requisite amount of Rs. 3,00,000/ - by way of demand draft dt. 26.05.2008.
(2.) THEREAFTER , under a communication bearing number 484 dt. 11.06.2008 (Annex. 5), the Senior Regional Manager of the appellant RIICO at Sawai Madhopur proceeded to call upon the writ -petitioner to make payment of further an amount of Rs. 4,72,000/ - within 7 days of the 'date of dispatch' of the letter. The case of the writ -petitioner had been that the aforesaid communication was received on 17.06.2005 and in compliance thereof, the demand draft (Annex. 6) was obtained on 19.06.2006, which was offered on 20.06.2008 to the said Senior Regional Manager, who asked the same to be sent with a covering letter and hence, the same was sent with a letter on 21.06.2008. The grievance of the writ - petitioner had been that despite itself having taken all timely steps, and being ready and willing, to make payment without delay, the officers of the RIICO declined to accept the offered payment and on the other hand, issued the communication dt. 20.06.2008 (Annex. 8) purportedly withdrawing the letter dt. 11.06.2008 with forfeiture of the deposited amount of Rs. 3,60,000/ -. The writ -petitioner submitted that the representations and requests made for consideration of its case were also declined by RIICO in a wholly unjustified manner and on untenable grounds.
(3.) THE appellant RIICO submitted in opposition that the demand notice issued to the writ -petitioner was definitely served upon it prior to 17.06.2008 because the acknowledgement received back at Sawai Madhopur carried the stamp of Sawai Madhopur Post Office dt. 17.6.2008. It was submitted that admittedly, the authorised representative of the writ -petitioner was out of country on 17.06.2008 and thus, the payment was not made within time; and the writ -petitioner sent the demand draft dt. 19.06.2008 for a sum of Rs. 4,72,000/ - only on 21.06.2008 whereas the allotment had already been cancelled on 20.06.2008.;