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V. Purushotham Rao vs Union Of India & Ors on 19 October, 2001 cites

Ram And Shyam Company vs State Of Haryana And Ors on 8 May, 1985

Mr. O.P. Sharma, the learned senior counsel, appearing for the appellant in Civil Appeal No. 3106/2000 reiterated the submissions made by all the counsel appearing before him and argued at considerable length by placing all the decisions afresh and urged that the three Judge Bench Judgment having over-ruled the earlier two Judge Bench decision, the High Court could not have set aside the allotment made, relying upon the judgment of this Court in the two Judge Bench decision. The learned counsel also urged that the three Judge Bench Judgment has categorically come to a finding that allotment has been made in accordance with the prescribed guidelines. That being the position, the High Court was not competent to over-ride the aforesaid conclusion of the three Judge Bench Judgment of this Court and arrive at a conclusion contrary to the same. Mr. Sharma also urged that the plea of constructive res judicata should apply to the case in hand inasmuch as the aforesaid plea is applied as a matter of public policy to avoid multiplicity of litigation and not to allow re-opening of a matter already adjudicated upon. In this view of the matter, the High Court was not entitled to re-examine the matter after the judgment of this Court in 1995 Supp.(3) SCC 382. In support of this contention, reliance had been placed on the decision of this Court in AIR 1997 SC 1680. Mr. Sharma also relied upon the recent judgment of this Court in Haryana Land Allotment case and contended that the theory of prospective over-ruling should apply to prospective cancellation of the grant made and that would subserve larger public interest and in this view of the matter this Court should set aside the order of cancellation made by the High Court. Relying upon the observations made in the reviewed judgment of three learned Judges of this Court, Mr. Sharma contended that this decision approves the fact that allotments made earlier to the guidelines issued by this Court in 1995 must not be interfered with and the said observation being binding on this Bench, this Bench should allow this appeal or refer the matter to a three Judge Bench. Mr. Sharma urged that right to life engrafted in Article 21 of the constitution also equally applies to the case in hand and as such the entire family will be ruined if the dealership is cancelled. He lastly urged that pursuant to the notice issued to the appellant, the appellant having filed an affidavit before the High Court, giving all material particulars, the High Court could not have set aside the allotment made in favour of the appellant without even consideration of those materials. The disposal made by the High Court on such non-consideration of such germane materials must be held to be vitiated and therefore, the matter should be remitted back to the High Court. So far as the ground on which the High Court set aside the allotment made viz. the minister had not verified the particulars, Mr. Sharma urged that the minister is not required to make any check or verification and can make the allotment under the discretionary quota, relying upon the statements made by an applicant, since the so-called grant is subject to the verification to be made by the oil company. It is always open for the oil company on verification, not to grant the dealership notwithstanding the order of the minister inasmuch as order itself stipulates that the grant should be subject to the verification by the oil company. According to Mr. Sharma, the touch-stone for exercise of discretionary power being that it should not suffer from the virus of nepotism and favouritism and should be devoid of any personal interest and should not be for extraneous considerations and none of these grounds having been found by the High Court, the order of cancellation on the face of it is wholly unsustainable.
Supreme Court of India Cites 15 - Cited by 808 - D A Desai - Full Document

D. N. Chanchala vs State Of Mysore And Ors. Etc.(With ... on 3 May, 1971

According to Mr. Rao , the discretion having been exercised in favour of his clients, who happened to be political sufferers and a political sufferer having been recognised as a class/category by themselves in the case of D.N. Chanchala vs. State of Mysore and Ors. etc., 1971 Supp.S.C.R. 608 at 629, the High Court committed serious error of law in interfering with the allotments made in favour of his clients and as such the impugned orders cannot be sustained. Mr. Rao also urged that allotments having been made in individual cases of extreme hardship by the minister concerned and that being one of the norms which this Court formulated in its guidelines in the case of Centre for Public Interest Litigation and the appellants having invested huge money and this being the only source of livelihood since 1993, the same ought not to have been cancelled, particularly when no public interest will be served by such cancellation.
Supreme Court of India Cites 14 - Cited by 119 - J M Shelat - Full Document
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