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1990 Supreme(All) 304

V.K.KHANNA, R.A.SHARMA
Raghunath Alloy – Appellant
Versus
New Okhla Industrial Development – Respondent


Advocates appeared:
R.P.Goel

JUDGMENT :

R.A.Sharma, J.

1. The petitioner has filed this writ petition against the order dated 10-8-1989 (Annexure I to the writ petition), cancelling the allotment of plot in Phase-II, Noida in accordance with the terms of the lease deed by Noida authorities. The grievance of the petitioner is that the order of cancellation is arbitrary, violative of principles of natural justice and against the terms of the lease deed, executed between the Noida authorities and the petitioner.

2. Learned counsel for the respondents has raised a preliminary objection that relations between the parties are governed by the lease deed, which is a non-statutory contract and as such, the writ petition is not maintainable.

It is not disputed that the lease deed executed between the petitioner and Noida authorities is a non-statutory contract. In view of the series of decisions of the Honourable Supreme Court, it is now settled that in case of non-statutory contract rights are governed by the terms of the contract and writ petition against the breach of such a contract is not maintainable. Reference in this connection may be made to one of the latest decisions of the Honourable Supreme Court in the case






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