- (1.) NO one appears on behalf of the petitioner.
(2.) THIS writ petition was preferred by the petitioner for refund of Rs. 76,800/ along with interest deposited by him with the respondents in respect of allotment of a shop no. C5 and further for quashing of letter dated 5th December, 2005, by which the petitioner was asked to take possession of the shop after payment of rent at the rate of Rs. 2,111/ per month from 13th August, 2004 to 30th November, 2005, amounting to Rs. 32,957/ failing which the petitioner's security money will be forfeited and the shop would be reauctioned. The counter affidavit has been filed on behalf of the respondents, wherein it has been stated that the petitioner had applied for C5 shop in New Bus Stand and offered rent of Rs. 2,111/ per month and the petitioner was required to deposit a sum of Rs. 76,800/, as bid amount pursuant to the terms and conditions of the tender. It has further been stated that the petitioner deposited 50% of the bid amount on 08.08.2002, but he failed to deposit the remaining 50% of the bid amount despite letters dated 16.07.2002 and 18.10.2002 asking him to deposit the remaining amount at the earliest and he was informed that if he failed to deposit the same, the shop, in question, would be reauctioned. The petitioner, thereafter deposited the remaining amount only in the month of January, 2003 and thereafter vide letter dated 18th July, 2003, he was asked to execute the agreement for lease of the shop and submit the paper within 15 days of the receipt of such document vide AnnexureC. It has further been stated that neither the petitioner submitted the stamp paper nor approached the respondentBoard for executing the lease deed. Subsequently, by letter dated 3rd August, 2004, the petitioner was informed that the shop is ready for delivery and requested him to take possession of the shop and after taking the delivery inform the office accordingly within 10 days. In spite of the fact that the petitioner did not turn up to take possession of the shop nor the he had taken any interest to submit his stamp paper for execution of the lease agreement. Once again vide letter dated 5th December, 2005, the petitioner was requested to take possession of the shop and also to clear the amount at the rate of Rs. 2,111/ from 13th August, 2004 to 30th November, 2005. However, the petitioner failed to respond the letters and finally the respondentBoard invoked the terms of the agreement and cancelled the allotment and at the same time forfeited the bid amount. It has further been submitted that in view of the default of the petitioner in making the payment of the bid amount and also taking the delivery of shop in question, the allotment has been cancelled and the bid amount has been forfeited in terms of the agreement and as such the petitioner is not entitled to any relief. The aforesaid statements have not been denied by filing any rejoinder on behalf of the petitioner nor any one has appeared on behalf of the petitioner to press this application.
(3.) IT appears from the aforesaid facts that the petitioner has not acted in terms of notice inviting tender and failed to deposit the bid amount within the stipulated time and now even after repeated reminders by the respondentBoard and even after depositing the bid amount failed to execute the agreement in question by submitting the necessary stamp paper or executing any lease deed. In view of the aforesaid repeated default of the petitioner the respondents acted by canceling the allotment and forfeiting the bid amount in terms of the NIT in question, which facts have also not been denied by the petitioner by filing any rejoinder In view of the aforesaid reasons, no relief can be granted to the petitioner. Accordingly, this writ petition is dismissed.;