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M. V. MURALIDARAN
Thingbaijam Deben Singh – Appellant
Versus
State of Manipur represented by the Addl. Chief Secretary (Works)-cum-Estate Officer – Respondent
| Table of Content |
|---|
| 1. writ petition filed to challenge cancellation of quarters. (Para 2) |
| 2. petitioner claims right to quarters against eviction. (Para 3 , 4 , 5 , 6) |
| 3. arguments presented by both petitioner and respondents. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's observation on natural justice violations. (Para 12 , 14) |
| 5. lack of notice prior to cancellation violates natural justice. (Para 18 , 19 , 22) |
| 6. cancellation order is not legally sustainable. (Para 25 , 28) |
| 7. writ petition allowed; order set aside and remanded. (Para 26 , 29) |
JUDGMENT :
M.V. Muralidaran, A.C.J.
Heard Mr. S. Rupachandra, learned senior counsel for the petitioner; Mr. H. Samarjit, learned Government Advocate for the official respondents No. 1 to 4 and Mr. H. Chandrakumar, learned counsel for the respondents No. 5 and 6.
2. This writ petition has been filed by the petitioner to quash portion of the order dated 8.3.2021 and to allow the petitioner and his family to stay in the allotted Quarters being No.Type-III/F-57 at Langol Housing Complex.
3. The case of the petitioner is that he is working as driver in the Directorate of Family Welfare Services, Government of Manipur. He has been allotted Quarters being Type-III/F
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
The main legal point established in the judgment is the requirement to follow the Principles of Natural Justice in quasi-judicial proceedings, the lack of evidence of subletting of the actual governm....
Eviction of occupants from government quarters requires adherence to due process and respect for constitutional rights, as per Articles 14 and 21.
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.
Every decision of an administration and executive nature must be composite and self-sustaining one and in that it should contain all the reasons which prevail the official taking the decision to arri....
The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.
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