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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Gurcharan Singh – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. facts concerning the applicant's eligibility and processes around plot allotment. (Para 3 , 4 , 5 , 6 , 10 , 13) |
| 2. court's observations on the arbitrary nature of the trust's decisions. (Para 17 , 18 , 22 , 29) |
| 3. important rationales regarding the legal principles applied to ensure justice to the applicant. (Para 19 , 21 , 27) |
| 4. concluding remarks on the court's decision and remedies granted. (Para 30) |
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, wherebys he seeks the quashing of the order dated 20.01.2016 (Annexure P-17), as became passed by the respondents, wherebys the petitioner's claim for allotment of the subject plot became rejected. Furthermore, the petitioner also seeks the quashing of order dated 06.12.2012 (Annexure P-10) whereby the resolution dated 30.03.2012, as passed by respondent No.2, became rejected by respondent No.1, besides seeks the quashing of the order dated 04.08.2000 (Annexure P-5), passed by respondent No.2 wherebys the allotment of plot bearing No.1005-G, measuring 125 sq. yards situated in Shaheed Bhagat Singh Nagar, Ludhiana to the p
Court upheld the petitioner's rights based on principles of natural justice and promissory estoppel, quashing arbitrary administrative decisions regarding plot allotment.
A judgment or order obtained by fraud is a nullity and non est in the eyes of law.
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
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