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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Javari Lal S/o Shri Baldev Ram B/C Jat – Appellant
Versus
State of Rajasthan through Secretary, Urban and Housing Department, Govt. of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
Grievance and Facts of S.B. Civil Writ Petitions No. 12881/2015, 12588/2015, 12883/2015, 12884/2015, 12885/2015, 12886/2015, 303/2016, 800/2016-
1. By way of filing the instant petitions, the petitioners collectively assail the arbitrary, unexplained and non- speaking rejection letter dated 13.03.2015 issued by the respondent–Rajasthan Housing Board, whereby the concluded auction proceedings were cancelled despite the petitioners having been declared successful bidders, their earnest money and 10% bid amount having been accepted, and a legitimate expectation of allotment having been created in their favour; such action is alleged to be patently illegal, mechanical and unguided, taken without assigning any reasons, in violation of Articles 14 and 300-A of the Constitution of India, the Rajasthan Housing Board (Disposal of Property) Regulations, 1970 and 1973, and the principles of natural justice, causing grave civil consequences to the petitioners , who were at all times ready and willing to perform their obligations.
COMMON FACTS
2. That the factual matrix of all petitions is identical in all material respects, save and except the individual house numbers, area,
The main legal point established in the judgment is the requirement for fairness and reasonableness in state actions, particularly in contractual matters, and the need for judicial review to ensure c....
The main legal point established is that a public authority's actions in contractual matters, especially those involving public property, should not be arbitrary and must adhere to recognized norms a....
The highest bidder in an auction does not have a vested right, and the authority has the discretion to cancel bids in the interest of public revenue.
Concept of doctrine of principles of natural justice-Audi Alteram Partem and its application in judicial, quasi judicial and administrative system is not new. It no doubt is a procedural requirement,....
The main legal point established in the judgment is that the power to cancel a bid under Rule 27(16) of the OMMC Rules must be exercised in a just, fair, and reasonable manner, and the cancellation o....
(1) Allotment of Industrial Plot – Ordinarily, when large areas of industrial land are auctioned, overall price would be separately assessed as compared to smaller plots – Merely because selling pric....
The government has the right to change its policy and reject the highest bid for valid reasons, and the decision-making process should be fair and not influenced by malafides or extraneous considerat....
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