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2019 Supreme(HP) 990

TARLOK SINGH CHAUHAN
Sat Dev Singh – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
Ashok K. Tyagi, Adv., Vinod Thakur, Adv., Bhupinder Thakur, Adv., Svaneel Jaswal, Adv., Ram Lal Thakur, Adv., Sunil Mohan Goel, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

Would preface this judgment by referring to the observations made by the Hon'ble Supreme Court in Noida Entrepreneurs Association vs. Noida and others, (2011) 6 SCC 508, wherein the Hon'ble Supreme Court observed as under:-

    "Power vested by the State in a public authority should be viewed as a trust coupled with duty to be exercised in large public and social interest. Power is to be exercised strictly adhering to the statutory provisions and fact situation of a case. "Public authorities cannot play fast and loose with the powers vested in them." A decision taken in an arbitrary manner contradicts the principle of legitimate expectation. An authority is under a legal obligation to exercise the power reasonably and in good faith to effectuate the purpose for which power stood conferred. In this context, "in good faith" means "for legitimate reasons." It must be exercised bona fide for the purpose and for none other.

2. Similar sentiments have been expressed earlier and later to this decision and some of which shall be referred to during the course

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