IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 16657 OF 2007 DECIDED ON : 19.02.2009 Hans Raj ...Petitioner versus HUDA and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sanjiv Gupta, Advocate, for the petitioner. Mr. Vinod Bhardwaj, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioner is aggrieved at the withdrawal of offer of allotment of Booth No.97-P, Sector-6, Karnal. The aforesaid booth was allotted to the petitioner on 08.09.2003. As per Clause-4 of the allotment letter, the petitioner was required to deposit 15% amount within 30 days of the date of issue of allotment letter. The petitioner failed to deposit the same and as a result thereto, the offer of allotment could not materialize. The petitioner preferred an appeal with a plea that he was ready and willing to deposit the entire dues, but his appeal was also dismissed (Annexure P-5). Thereafter, the petitioner on his own is stated to have deposited a sum of Rs.5,10,000/- with the Estate Officer, HUDA vide receipt dated 13.11.2007. As the allotment has not been restored so far, the petitioner has approached this Court. C.W.P NO. 16657 OF 2007 -2- Having heard learned counsel for the parties, I am of the considered view that since the petitioner failed to comply with the terms and conditions of the allotment and no binding contract had taken place between the parties due to non- performance/fulfillment of the agreed terms and conditions, namely, deposit of 15% of the allotment price and the fact that the power to extend the period to deposit 15% balance amount lies with the Chairman of HUDA, as per HUDA Policy dated 09.04.1999, this writ petition is disposed of with liberty to the petitioner to submit a representation/revision petition before the Competent Authority, who may consider the petitioner's explanation regarding the delay in deposit of 15% amount in accordance with the HUDA's Policy and law. If the petitioner prefers the appeal/revision within the stipulated time, third party rights shall not be created till the final disposal thereof. Disposed of. FEBRUARY 19, 2009 (SURYA KANT) shalini JUDGE