YASHWANT VARMA
Suresh Kumar – Appellant
Versus
Sports Authority Of India And Another – Respondent
JUDGMENT
Yashwant Varma, J. - The challenge in the present writ petition is to the orders of 12 april 2019 and 18 September 2019. In terms of the first order of 12 april 2019, the respondents have proceeded to cancel the allotment of the General Pool Residential accommodation [GPRa] being occupied by the petitioner here. Consequential directions for his eviction were also framed. By the second order of 18 September 2019, the respondents have conveyed their decision to refuse the prayer for regularization as made by the petitioner here.
2. Undisputedly, the accommodation in question forms part of premises falling in the GPRa pool of the respondents. The petitioner was appointed as a Lifeguard with the Sports authority of India [SaI] - respondent No.1 here. It is his case that pursuant to an application which was made by him, the Directorate of Estate by an order of 29 april 2015, allotted the premises in question. It is also borne out from the record that the deductions towards rent and other statutory dues payable in respect of the premises were initially deducted from the salary of the petitioner by the respondent No.1 and duly transmitted. However, and is apparent from the record,
Calcutta Municipal Corp. vs. Debu Bhatacharjee (1992) 2 CLJ 1
Mohinder Singh Gill vs. Chief Election Commissioner (1978) 1 SCC 405
Fraudulent actions disentitle a petitioner to equitable relief, and a prerogative writ will not issue where it would perpetuate a manifest illegality.
A prerogative writ cannot be issued to uphold manifest illegality, affirming that an invalid residential accommodation allotment cannot confer any rights to an ineligible applicant.
Material misrepresentations made by an applicant in an application for official accommodation can vitiate the entitlement to such benefit.
Non-acceptance of prior accommodation offer does not exhaust right to one change if authority later grants allotment after scrutiny; cancellation without notice violates natural justice; prior allotm....
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
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