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AUGUSTINE GEORGE MASIH, HARPREET SINGH BRAR
Som Nath – Appellant
Versus
State of U. T. – Respondent
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 by the learned District Judge on 02.05.2022 (Annexure P-8) while disposing of the Civil Appeal No.349 of 2017.
2. The facts of the case are that one Faquir Chand was allotted the site i.e. SCR No.88, Karsan Colony, Phase-II, Ram Darbar, Chandigarh by respondent No.2 and a licence was issued on 04.07.1985 (Annexure P-I). Faquir Chand had executed a Registered Will dated 19.02.1996 and he had bequeathed his estate to the petitio
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.
The court established the principle that the terms and conditions of an allotment order/lease deed must be adhered to, and the authority has the power to cancel the lease deed in case of violation.
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