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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MUNNURI LAXMAN, J
Hunny Middha – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The present writ petition has been filed with the following prayers:
“(i) The office order dated 11.03.2025 (Annex-9) issued by the respondent UIT may kindly be declared illegal and same may kindly be quashed and set aside.
(ii) The mauka fard and transfer letter dated 12.03.2025 (Annex-10) issued by the respondent UIT may kindly be declared illegal and same may kindly be quashed and set aside.
(iii) The agenda no.10 of minutes of meeting of respondent UIT dated 04.03.2025 (Annex-11) may kindly be declared illegal and same may kindly be quashed and set aside.
(iv) The possession of the site in question may kindly be handed back to the petitioner till the expiry of the contract period i.e. 14.02.2026 with immediate effect and permit the petitioners to operate marriage palace upon the site in question.
(v) Cost of the writ petition may kindly be awarded to the petitioner.
2. The case of the petitioner is that the petitioner is a leaseholder of the site reserved for the Sadbhavana Nagar Yojna Auditorium, located at Suratgarh-Padampur Bypass. Originally, this property was leased to the petitioner for five years, effective from 15.02.2015 to 14.02.2020, with the condition in the
The cancellation of a lease contract without notice violates principles of natural justice, and contractual authority to cancel does not extend to pre-determination post-conclusion.
The principles of natural justice apply in contractual matters with civil consequences, allowing for judicial review of decisions that violate these principles.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
The court emphasized that despite being a contractual matter, the State or its instrumentalities cannot act arbitrarily in dealing with private parties, and the existence of an arbitration clause doe....
Writ petitions in contractual disputes are generally not maintainable if they involve disputed questions of fact.
The court clarified that the amendment to Section 148(3) of the Municipal Corporations Act is prospective and does not apply retroactively to existing lease agreements.
The court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
A terminated contract cannot be revived by administrative order, and the principles of transparency and fairness must be upheld in public procurement processes.
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