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Tuesday, July 5, 2016

Allotment of plot

Deemed Cancellation-Allotment letter sent by authorities was not responded by allottee-Before expiry of 30 days from alleged date of delivery of allotment letter, allottee had written to authorities that allotment letter be issued at the earliest-Authorities replied that it has been already issued and time has elapsed for deposit of initial 15% therefore, allotment is deemed to be canceled-Held; conduct of petitioner exhibits that he was awaiting forma! allotment and was ready and willing to perform his part of contract—Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter-Authorities had also not issued any formal cancellation letter which shows that they themselves were not sure whether letter was delivered or not-Authorities directed to issue formal letter of allotment.;;

Ashish Yadav v. State of Haryana & Or , : 2016(2) Law Herald (P&H) 1310 (DB) :