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DELHI HIGH COURT
YASHWANT VARMA
Suresh Kumar – Appellant
Versus
Sports Authority of India – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of residential accommodation. (Para 1 , 2) |
| 2. notice of unauthorized occupation issued. (Para 3) |
| 3. petitioner's arguments against cancellation. (Para 4 , 5) |
| 4. court's acknowledgment of ineligibility. (Para 6 , 7) |
| 5. misuse of application portal fortifies illegality. (Para 8 , 9) |
| 6. writ petition dismissed. (Para 10) |
JUDGMENT
Yashwant Varma, J. (Oral)--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, 1 , 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, 2 - respondent No.1 here. It is his case that pursuant to an application which was made by him, t
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.
Fraudulent actions disentitle a petitioner to equitable relief, and a prerogative writ will not issue where it would perpetuate a manifest illegality.
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 central legal point established in the judgment is the temporary nature of the allotment and the petitioner's obligation to vacate the premises after his medical condition improved.
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