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1997 Supreme(SC) 1495

M.M.PUNCHHI, M.SRINIVASAN
Krishan Lal Gupta – Appellant
Versus
Adhishashi Adhikari – Respondent


( 1 ) LEAVE granted in all these matters.

( 2 ) THE Nagarpalika, Mussoorie built twelve flats out of which six were transferred by it to Doordarshan. The remaining six were meant to be transferred to people who were in the middle-income group. By a certain method and process, these were allotted to six persons, five of whom areseparately the appellants before us in these five matters. The sixth one has not approached this court. These five appellants challenge the order of the division bench of the High court whereby their challenge to individual orders of cancellation of allotment of flats passed by the Administrator-CUM COLLECTOR, has been negatived. As is plain from the order of the High court and otherwise undenied, the orders of the Collector were passed in the purported exercise of executive or administrative power, not amenable to any appellate jurisdiction. The High court on that premise entered into the arena of facts in order to determine whether the allotments were well merited and whether there was any fraud practised by the allottees in obtaining the allotments. Competence of the officers of the Nagarpalika to transfer the flats to the appellants, was also gone into an


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