Ravinder Singh vs Union Territory, Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2748

AUGUSTINE GEORGE MASIH, HARPREET SINGH BRAR
Ravinder Singh – Appellant
Versus
Union Territory, Chandigarh – Respondent

Advocates Appeared:
Mr.Paras Money Goyal, Advocate; For the Petitioner
Mr.Anil Mehta, Senior Standing Counsel with Ms.Aashna Gill, Advocate for the respondents -UT, Chandigarh.

Table of Content
1. petitioner's background and resumption orders. (Para 1 , 2)
2. arguments regarding misuse charges and discrimination. (Para 3 , 4)
3. court's observations on delay and explanation. (Para 5 , 6 , 7)
4. principles of laches and undue delay outlined. (Para 8 , 9 , 10)
5. justification of the resumption order. (Para 11 , 12 , 13)
6. writ petition dismissal. (Para 14 , 15)

JUDGMENT

Harpreet Singh Brar, J.

The petitioner has approached this Court for issuance of a writ in the nature of Certiorari seeking quashing of resumption order dated 10.07.2003 (Annexure P-6), order dated 25.03.2009 (Annexure P-10) passed by respondent No.3 and order dated 16.02.2020 passed by respondent No.6 imposing misuse charges and also the order dated 15.02.2012 (Annexure P-13) vide which the revision petition filed by the petitioner was dismissed by respondent No.2. Petitioner has further sought a writ of mandamus directing the respondents to restore the site in question to him.

2. Briefly, the facts of the case are that the grandfather of the petitioner was allotted SCF No. 21, Sector 21-C, Chandgiarh vide letter of allotment dated 10.10.1960. As per the condition of the allotment letter, the sit