PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARUN PALLI, VIKRAM AGGARWAL
Krishan Lal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Vikram Aggarwal, J.
Petitioner Krishan Lal prays for the issuance of a writ of certiorari quashing the order dated 18.01.2019 (Annexure P-6), order dated 26.02.2018 (Annexure P-5) and order dated 27.09.2017 (Annexure P-3).
2. A booth site bearing No.62, measuring 48 sq. mtr. situated in Urban Estate, Rewari was initially allotted to one Braham Singh on 15.05.2007. It was subsequently re-allotted to the petitioner and one Subhash Kumar vide re-allotment letter dated 14.05.2009 (Annexure P-1). As per the conditions of re-allotment, the balance installments had to be paid by the petitioner. However, having failed to do so, the booth site was resumed vide order dated 27.09.2017 (Annexure P-3). The appeal against the said order was dismissed on 26.02.2018 (Annexure P-5) and the revision petition was also dismissed on 18.01.2019 (Annexure P-6), leading to the filing of the instant writ petition.
3. For the appeal had been dismissed primarily on the ground of delay, notice of motion was issued on 18.03.2019 and status quo was ordered to be maintained.
4. On 27.11.2024, after arguments had been addressed to some extent, the following order was passed by this Court:-
'Learned counsel f
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 main legal point established in the judgment is that defaulting allottees cannot deny the validity of the binding effect of the terms and conditions of re-allotment after enjoying its benefits fo....
The revisional authority cannot restore a booth site after resumption proceedings have become final, particularly in cases involving chronic defaulters.
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