Status of GO when high directed to review the GO.
venkatesham palepu
(Querist) 02 June 2018
This query is : Resolved
The government issued a GO alloting valuable government land in favour of a co-operative house building society on concessional rate. The same was challenged in the high court. The high court in its judgement directed the government to review the GO in consideration with fresh market value, eligebility of society members as per existing guidelines. Now what is the status of GO. Is it in force or not?
Ms.Usha Kapoor
(Expert) 02 June 2018
Once the government acts on the court directions a new GO will be put in place. Till then old Go will be in force.
Guest
(Expert) 02 June 2018
It is a general order of the court, neither in favour, nor against the petitioner or the Government. Once an eye-wash type of review of the GO made by the Government, the effectiveness of the order gets vanished.
Sudhir Kumar, Advocate
(Expert) 02 June 2018
till such time the govt complies with the directions of the court the old order cannot be operated.
Actual views can be expressed only after seeing the order.
K Rajasekharan
(Expert) 02 June 2018
The facts presented here suggests that the existing order has not been quashed, no specific stay is there on anything and only thing for the government to do is review the existing order in terms of the conditions specified in the court order.
So now the concessional rate can be collected, if it is a monthly one, as being done earlier till a fresh order is issued but no new things can be initiated till then.
That means, in effect there is a partial stay - not to do anything afresh without carrying out a review as stipulated.
K Rajasekharan
(Expert) 02 June 2018
The facts presented here suggests that the existing order has not been quashed, no specific stay is there on anything and only thing for the government to do is review the existing order in terms of the conditions specified in the court order.
So now the concessional rate can be collected, if it is a monthly one, as being done earlier till a fresh order is issued but no new things can be initiated till then.
That means, in effect there is a partial stay - not to do anything afresh without carrying out a review as stipulated.
Guest
(Expert) 02 June 2018
Old order can well be operated, if justified after review and due notification about the review. There is no such order of the court to essentially change the GO.
Guest
(Expert) 04 June 2018
Agree with experts.................................................................................
