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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Seema Rani – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.S. Sandhawalia, J.
Challenge in the present writ petition, filed under Article 226 of the Constitution of India is to the order dated 30.07.2004 (Annexure P-23) which was passed by respondent No.1 wherein the revision filed arising out of the consequential proceedings has been dismissed and the said respondent did not exercise the revisional powers in favour of the petitioner. The conclusion arrived at rightly was that since resumption order had become final way back on 28.12.1992, there was no scope for interference in the order passed by the Administrator, HUDA dated 16.10.2003 regarding booth No.24, Sector 7, Panchkula.
2. It is a matter of fact that the booth in question was sealed on 08.01.2017. Since the said action is also subject matter of challenge, the writ petition was thereafter filed only on 10.12.2017 and there was a unexplained delay of 14 years in challenging the last order passed by the authority. Resultantly, the respondents have raised serious objections on the ground of limitation also that the writ petition filed after 14 years is not maintainable and the same is hopelessly time-barred which in our considered opinion, cannot be brushed aside.
3. Howev
The revisional authority cannot restore a booth site after resumption proceedings have become final, particularly in cases involving chronic defaulters.
Resumption of property must be justified with clear reasoning and due process; it should be a last resort after all recovery efforts fail.
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
The High Court erred in allowing writ petitions challenging lease cancellation despite the allottees' failure to pay outstanding dues, as statutory authorities acted within their jurisdiction.
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