The doctrine of legitimate expectation can only be invoked when the denial of a legitimate expectation leads to the violation of Article 14 of the Constitution. Legitimate expectation must be fair, justifiable, and based on a statement or undertaking by the public authority.

JUDGMENT :

Alok Kumar Verma, J.

In SLP (Civil) 10329 of 2023, titled “Dinesh Kumar Paliwal and Others vs. Muktinath Pandey and Others”, arising out of the order dated 22.12.2022, passed by this Court in Writ Petition (PIL) No.116 of 2017, the Hon’ble Supreme Court, by the Order dated 12.05.2023, has requested this Court to take up WPMS No.999 of 2009, along with WPMS No.1971 of 2011 and WPMS No.2048 of 2011 immediately on board for final hearing. The Chief Justice has been requested to assign the abovementioned Writ Petitions to an appropriate Bench, with an endeavour to decide the said Writ Petitions by 31.07.2023.

2. These Writ Petitions were listed on 09.06.2023. We asked Mr. M.S. Tyagi, learned Senior Advocate for the writ petitioners to proceed to argue the Writ Petitions. It was argued on behalf of the learned Senior Advocate that the said Writ Petitions cannot be heard by the Division Bench, and should be assigned by the Chief Justice to a Bench of learned Single Bench for hearing. We rejected the said submission of Mr. M.S. Tyagi, learned Senior Advocate. Mr. M.S. Tyagi, learned Senior Advocate, stated that he was not ready with his arguments, and he sought an adjournment.

3. At the time of hearing on 07.07.2023, this Court was informed by Mr. Mukesh Rawat, learned counsel for the petitioners in Writ Petition (PIL) No.116 of 2017 that a SLP was filed against the order of this Court dated 09.06.2023, which has been dismissed by the Hon’ble Supreme Court.

4. The petitioners in these three petitions have approached this Court under Article 226 of the Constitution of India with the following prayers :-

Writ Petition No.999 of 2009 (M/S) :-

“i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.01.2008 passed by the District Magistrate (Annexure No. 18)

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the claim of each of the petitioners for grant of lease in their respective shops after taking into consideration the order passed by the District Magistrate dated 21.09.1988, order dated 27.02.1989 alongwith the report of Naib Tehsildar dated 16.04.1989 and the recommendation made by the Tehsildar dated 20.04.1989 and till then the petitioners may not be evicted.

iii) Issue any suitable writ, order or direction, which this Hon’ble court may deem fit and proper on the basis of the facts and circumstances of the case.

iv). Award the cost of the petition to the petitioners.”

Writ Petition No.1971 of 2011 (M/S):-

“i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.1.2008 issued by respondent no.2 annexed as Annexure No.3 to the writ petition.

ii) Issue a writ, order or direction, in the nature of mandamus commanding the respondents to consider the claim of the petitioners for grant of lease in their respective shops after taking into consideration the order dated 21.09.1988, issued by the District Magistrate, the order dated 27.02.1989 along with the report of Naib Tehsildar dated 16.04.1989 and the recommendation made by the Tehsildar dated 20.04.1989 and till then the petitioners may not be evicted.

iii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.

iv) Award the cost of the petition.”

Writ Petition No.2048 of 2011 (M/S):-

“i) A writ, order or direction in the nature of certiorari quashing the order dated 01.01.2008 passed by the District Magistrate Pauri Garhwal.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the claim of each of the petitioners for grant of lease in their respective shops after taking into consideration the order passed by the District Magistrate dated 21.09.1988, order dated 27.02.1989 along with the report of Naib Tehsildar dated 16.04.1989 and the recommendation made by the Tehsildar dated 20.04.1989 and till then the petitioners may not be evicted.

iii)