AUGUSTINE GEORGE MASIH, HARPREET SINGH BRAR
Som Nath – Appellant
Versus
State of U. T. – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash eviction orders. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners argue invalidity of earlier orders. (Para 6) |
| 3. court finds petition lacks merit. (Para 7 , 8) |
| 4. court discusses delays in seeking writ relief. (Para 9 , 10 , 11 , 12) |
| 5. constructive res judicata bars current claims. (Para 13 , 14) |
| 6. writ petition dismissed; orders upheld. (Para 15) |
| 7. final order issued without costs. (Para 16) |
JUDGMENT
Harpreet Singh Brar, J.
The petitioners have approached this Court for issuance of a writ in the nature of certiorari for quashing the order dated 15.05.2003 (Annexure P-6) passed by Chief Administrator, U.T., Chandigarh-respondent No.1 whereby the appeal against the order dated 28.02.1996 (Annexure P-4) directing cancellation of license in respect of allotment bearing SCR No.88, Karsan, Phase II, Chandigarh was dismissed and the order of eviction dated 17.05.1999 (Annexure P-5), passed by the Estate Officer, Chandigarh- respondent No.2 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, were upheld. The petitioners have prayed for setting aside the above orders impugned in the present writ petition in view of the liberty granted b
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Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
A review petition cannot be treated as an appeal; it is limited to specific grounds such as new evidence or apparent errors, and prior cancellation of registration extinguishes any claim to allotment....
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
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