LAXMI DEVI Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CORE question that arises for consideration in the instant writ petition is as to whether the State or its instrumentality will be relieved from its obligation to act fairly and justly, if the dispute falls within the domain of contractual obligation?

(2.) THIS writ petition has been filed by the petitioner seeking quashing of the notice published on Feb. 27, 1987 in Rajasthan Patrika and the order dated June 7, 1988 as well as the resolution held in the meeting dated May 22, 1986 whereby the plot in question was cancelled. Prayer has also been made to restore the allotment of the plot in question to the petitioner and restrain the Municipal Corporation from auctioning or reallotting the said plot to any other person.

(3.) IN the month of July 1986 the employees of the JDA came in a gang and threatened the petitioner to dispossess her from the said plot and demolish the boundary wall constructed by the petitioner. The petitioner was forced to file a civil suit for perpetual injunction in the court of M. J. M. (East) Jaipur City.