PETITIONER: KASHMIR CHAND Vs. RESPONDENT: FINANCIAL COMMISSIONER,HARYANA & ORS. DATE OF JUDGMENT: 15/07/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: JT 1996 (7) 5 1996 SCALE (5)510 ACT: HEADNOTE: JUDGMENT:
THE 15TH DAY OF JULY, 1996
Present.
Hon’ble Mr.Justice K.Ramaswamy
Hon’ble Mr.Justice G.B.Pattanaik
K.B.Rohtagi and Ms. Aprana Rohtagi, Advs. for the appellent
R.Bana, Adv. for the Respondents
O R D E R
The following Order of the Court was delivered:
Kashmir Chand
V.
Financial Commissioner, Haryana
& Ors.
O R D E R
Leave granted.
We have heard learned counsel on both sides.
Admittedly, the plot was sold in an open auction held
in July, 1971 for a sum of Rs.46,000/-. The appellant has
paid only 11,500/-. He was due of the balance sum of
Rs.34,500/- In terms of the auction, he had not complied
with the payment for well over 21 years. Consequently, he
was demanded payment of a sum of Rs.3,78,000/- which he
defaulted to pay. When allotment was sought to be cancelled
he calling that action in question, filed a writ petition to
the High Court. Pending writ petition, the High Court passed
an order in a civil miscellaneous case. Therein the
appellant had asserted that he had deposited the sum of
Rs.34,500/- on September 21, 1992. The Court found that in
case the said amount of Rs.34,500/- was deposited, as
contended by the appellant, the balance amount of
Rs.3,43,500 was directed to be deposited but he had not
done. Consequently, the writ petition was dismissed and an
appeal in the impugned order in MPA No.355/93 dated 19th
August, 1993, the order of the learned single Judge was
confirmed.
Though time was taken for filing the counter, the same
was not filed by the respondents. It is stated by Shri K.B.
Rohtagi, learned counsel for the appellant, that his client
had already deposited two instalments of the amount with
interest @ 12% and one instalment is due. We prima facie
accept the statement of the counsel to be correct. In case
those payments have already been made, the appellant is
given liberty to pay the balance amount within a period of 4
months from today. In case he has not already deposited or
if he commits default in payment of the amount as directed,
this order would stand vacated and the order of the High
Court would stand restored.
The appeal is accordingly disposed of. No costs.
