Facts
In 2014, the APMC allotted a shop-cum-godown to the petitioner’s mother, who paid the full allotment amount and entered into a registered lease-cum-sale agreement providing for execution of a sale deed after ten years
Source reference: p. 4After her death in March 2024, the APMC called for records showing business transactions during the preceding five years.
Source reference: p. 5–6The petitioner did not produce the records within the time given, citing her mother’s death and the unavailability of documents; the APMC then cancelled the allotment and forfeited the premises.
Source reference: p. 5–6The petitioner challenged the cancellation and forfeiture and sought, among other reliefs, a direction to execute the sale deed.
Source reference: p. 2–3Issues
Whether the APMC’s cancellation of the allotment and forfeiture of the premises should stand where the petitioner failed to produce the requested business records within the stipulated time, but later produced documents and explained the delay.
Source reference: p. 9–11Whether the petitioner was entitled to an immediate direction for execution of the sale deed, or whether the APMC should first verify the documents and compliance with the lease-cum-sale agreement.
Source reference: p. 11–12Law Applied
The Court considered the terms and conditions of the lease-cum-sale agreement and the APMC bye-laws as the basis for the authorities’ action on cancellation, forfeiture, and any alleged sub-lease.
Source reference: p. 9–10It also relied on a Coordinate Bench decision in W.P. No. 105844 of 2026, in which cancellation and forfeiture orders were quashed while leaving the authorities at liberty to act on further violations.
Source reference: p. 8The Court did not identify a specific statutory provision governing the dispute; it required the APMC to assess the authenticity of the records and determine compliance with the agreement and bye-laws before taking further action.
Source reference: p. 10–12Reasoning
The petitioner had failed to provide the requested records in time, but attributed that failure to the death of the sole proprietor and the resulting unavailability of documents.
Source reference: p. 9–10Documents later placed before the Court appeared, prima facie, to show business transactions during the relevant period, although the APMC disputed their authenticity.
Source reference: p. 10Because authenticity was for the APMC to determine, the Court did not decide the factual dispute or direct an unconditional sale.
Source reference: p. 10–12It quashed the cancellation and forfeiture orders, required the petitioner to submit the records for verification, and left the APMC free to take action for any established breach, including an alleged sub-lease.
Source reference: p. 10–12Holding
The petition was allowed, and the impugned cancellation and forfeiture orders were quashed.
The petitioner was directed to submit the records produced with the petition and application to the APMC within three weeks and to pay ₹1,00,000 in costs within the same period; payment of costs was made a precondition to consideration of the records.
Source reference: p. 12The APMC was directed to verify the documents and pass an appropriate order within six weeks thereafter.
Source reference: p. 12If the demands in the notices were satisfied, it was to consider execution of the sale deed in accordance with the lease-cum-sale agreement.
Source reference: p. 11–12Original Court PDF
M/S A B VANKUDRE APMCvsTHE DIRECTTOR
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