Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India-Art. 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Art. 226-Writ Petition-Lease--Cancellation-Allottees, persistent defaulters-Return of amount deposited-Writ Petition for restoration of plot-Allowed on ground that in another case, Administrator had restored plot to her-Plea of discrimination-Each case to be decided on its merits factual and legal-Writ not to be issued on the basis of order passed in some other cases.Rule of Law-issuing writ on plea of discrimination on basis of order ,.passed in case of another person similarly situated-Validity of order passed in favour of other person to be investigated first before it can be directed to be followed-lllegal or unwarranted orders passed in another case cannot be made basis of issuing writ against authority.An auction was held by the Chandigarh Administration in September 1975 wherein the respondents were the highest bidders in respect of a plot. The right sold in auction was the lease-hold right. The respondents deposited 25% of the money immediately. The balance consideration was payable in three equal instalments. The respondents defaulted in paying the same. A notice calling upon the Respondents to show cause why the lease in their favour be not cancelled was issued. After giving due opportunity of hearing to the respondents, the lease was cancelled, while forfeiting 10% of the premium amount. An appeal was filed before the Chief Administrator which was dismissed. However, the Administrator reduced the amount of forfeiture. Revision flied against the order was dismissed. The Respondents applied to the Estate Officer for refund of the amount paid by them. The amount was refunded in full. Having taken back the amount, they filed successive review petitions before the Chief Commissioner seeking restoration of the plot. Second review petition was allowed permitting respondents to pay the entire amount Within sixty days. The respondents failed to avail of the said concession in the year 1985. In 1990, the respondents filed a writ petition offering to pay the amount with 12% interest. The petition was dismissed holding that since the respondents were persistent defaulters and also because of rise in prices, they are not entitled to any relief. Another writ petition was filed for a direction to the Administrator to implement the alleged policy of the government to restore the plot by charging a forfeiture amount of 5%. The petition was allowed on the ground that in another case pertaining to Smt. Prakash Rani, the administrator had restored the plot to her even after her writ petition was dismissed, the same treatment be extended to the Respondent. Hence this appeal. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 16 |
Petitioner | Chandigarh Administration And Anr |
Respondent | Jagjit Singh And Anr. Etc. |
SCR | [1995] 1 S.C.R. 126 |
Judgement Date | 1995-01-10 |
Case Number | 674 |
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