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Shanti Sports Club & Anr vs Union Of India & Ors on 25 August, 2009

6. Very recently, the Supreme Court in a case in Shanti Sports Club & Another vs. Union of India & others reported in 2009 AIR SCW 6953 after referring to all the previous case laws has held that no court shall issue such a mandamus on the specious plea of either discrimination or they were unequally treated. It is necessary to extract the following passage found in paragraphs 50 to 52, which read as follows:
Supreme Court of India Cites 77 - Cited by 354 - G S Singhvi - Full Document

Chandigarh Administration vs Jagjit Singh on 10 January, 1995

In Chandigarh Administration vs. Jagjit Singh (1995) 1 SCC 745, this Court made a lucid exposition of law on this subject. The facts of that case were that the respondents, who had given the highest bid for 338 sq. yds. plot in Section 31A, Chandigarh defaulted in paying the price in accordance with the terms and conditions of allotment. After giving him opportunity of showing cause, the Estate Officer cancelled the lease of the plot. The appeal and the revision filed by him were dismissed by the Chief Administrator and Chief Commissioner, Chandigarh respectively. Thereafter, the respondent applied for refund of the amount deposited by him. His request was accepted and the entire amount paid by him was refunded. He then filed a petition for review of the order passed by the Chief Commissioner, which was dismissed. However, the Officer concerned entertained the second review and directed that the plot be restored to the respondent. The latter did not avail benefit of this unusual order and started litigation by filing writ petition in the High Court, which was dismissed on March 18, 1991. Thereafter, the respondent again approached the Estate Officer with the request to settle his case in accordance with the policy of the Government to restore the plots to the defaulters by charging forfeiture amount of 5%. His request was rejected by the Estate Officer. He then filed another writ petition before the High Court, which was allowed only on the ground that in another case pertaining to Smt.Prakash Rani, the Administrator had restored the plot despite dismissal of the writ petition filed by her. While reversing the order of the High Court, this Court observed as under:-
Supreme Court of India Cites 1 - Cited by 382 - B P Reddy - Full Document

Narain Das And Ors. vs The Improvement Trust, Amritsar And ... on 3 February, 1972

Supreme Court of India Cites 17 - Cited by 41 - I D Dua - Full Document

Secretary, Jaipur Development ... vs Daulat Mal Jain on 20 September, 1996

Supreme Court of India Cites 22 - Cited by 344 - K Ramaswamy - Full Document

Yadu Nandan Garg vs State Of Rajasthan & Ors on 1 November, 1995

Supreme Court of India Cites 6 - Cited by 82 - K Ramaswamy - Full Document

The State Of Haryana & Ors vs Ram Kumar Mann on 20 February, 1997

Supreme Court of India Cites 1 - Cited by 254 - Full Document

M/S. Faridabad Ct Scan Centre vs D. G. Health Services & Ors on 15 September, 1997

Supreme Court of India Cites 3 - Cited by 197 - Full Document

M/S.Style (Dress Land) vs Union Territory Chandigarh & Anr on 18 August, 1999

Supreme Court of India Cites 15 - Cited by 170 - Full Document

State Of Bihar & Ors vs Kameshwar Prasad Singh & Anr on 27 April, 2000

Supreme Court of India Cites 24 - Cited by 788 - Full Document
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