Kashmir Chand Vs. Financial Commissioner, Haryana
& Ors  INSC 808 (15 July 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (7) 5 1996 SCALE (5)510
15TH DAY OF JULY, 1996 Present.
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
O R D
have heard learned counsel on both sides.
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.
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.
appeal is accordingly disposed of. No costs.