2023 (1) TMI 633 - HC - GST
Seeking grant of mandamus commanding to respondents authorities to not to compel the petitioner from depositing further amount in pursuance to the allotment letter - seeking grant of mandamus commanding to respondents authorities to issue fresh allotment letter after removing the discrepancy in the allotment letter dated 277.2021 and further direction be issued to Mandi Samiti NOIDA to accept the premium amount in easy installment - HELD THAT:- It is not disputed that the shop in question has been allotted in favour of the petitioner in an open auction wherein Rs.78.78/- lacs has been offered by the petitioner on its own. After acceptance of the bid of the petitioner as highest bid in the open auction, it is not permissible for the petitioner to challenge the premium, which is 50% to the total bid amount. The consequential charges of 18% GST on the premium amount (which is 50% of the total bid amount as per the offer of the petitioner) also cannot be challenged. As regard the user charges, the same has been demanded as per the terms of the same agreement signed by the petitioner. It is not open for the petitioner to challenge the terms and conditions of the agreement signed by it - Even otherwise, the agreement signed by the petitioner has not been brought on record.
This not a fit case for grant of mandamus - petition dismissed.