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VINOD S. BHARADWAJ
Babita Khair – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Vinod S. Bhardwaj, J.
CM-7830-CWP-2017 in CWP-79-2017
Allowed as prayed for subject to all just exceptions.
The rejoinder to the written statement filed on behalf of respondents No.4, 6 and 7 is ordered to be taken on record. Registry is directed to tag the same at appropriate place of the paper book and page mark the same.
MAIN CASES
Raising identical questions of law, both these writ petitions are being decided by a common judgment. For the facility of reference, the facts are extracted from CWP-11213 of 2015 titled as Babita Khair Versus State of Haryana and others.
Challenge in the abovesaid petition is to the order dated 13.10.2014 vide which respondent No.3- Haryana State Cooperative Supply and Marketing Federation (hereinafter referred to as ‘HAFED’), whereby allotment dated 7.05.2011 and agreement dated 08.09.2011 of godown for 6670 metric tonne capacity under the PEG Scheme, 2008 (10 year guarantee) has been cancelled without complying with the principles of natural justice.
FACTS OF THE PETITION
Briefly summarized, the facts of the case are that the HAFED- respondent No.3 was declared as a Nodal Agency for construction of Food Grain Godowns in Haryana under the 10 y
The unilateral cancellation of a contract by a state agency without following due process and principles of natural justice is unjust, especially when prior approvals were granted.
The court emphasized the importance of compliance with the terms and conditions of the brochure and the need for approval before concluding a violation.
The central legal point established in the judgment is that regulatory compliance and adherence to prescribed regulations are crucial in determining the validity of administrative actions.
The doctrine of legitimate expectation requires a legal basis for claims against public authorities, which was not established in this case.
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
The court upheld the legality of the gas pipeline acquisition, emphasizing public interest and proper procedural adherence by the competent authority.
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