AIR 1973 SUPREME COURT 205 ::1971 3 SCC 864 ::1970 (1) SCWR 194 ::1970 SCD 181

Supreme Court Of India

Hon'ble Judge(s): J. C. Shah, K. S. Hegde , JJ

Index Note :- (A) Constitution of India , Art.226— Matter arising out of contract - Maintainability of writ. Brief Note :- (A) Where the action of a public authority invested with statutory powers is challenged, the writ petition is maintainable even if the right to relief arises out of an alleged breach of contract. (1955) 1 SCR 305 Relied on.(Para 4) Index Note :- (B) Constitution of India , Art.226— New point - Objection not raised before High Court - However objection prominently mentioned in writ petition not traversed by other party - In appeal by other party, respondent can be allowed to rely upon the contention in support of the order. (Para 6) Index Note :- (C) Constitution of India , Art.226— Administrative order affecting property - Order has to be made in a manner consonant with the rules of natural justice. AIR 1967 SC 1269 Applied. (Para 5) .....