If interim order is not specifically discharged, no need to have it specifically recalled

(2005) LCD (1) 661

Unauthorized occupation of ponds and public lands

Complaints against unauthorized occupation over the public ponds or other similar public lands, D.M. should take all required actions.
Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 63380 of 2012 Judgment/Order Dated - 6/12/2012 at Allahabad  
Title - Prem Singh Vs. The State Of U.P. And Others 
Coram - Hon'ble Shiva Kirti Singh,Acting Chief Justice and Hon'ble Pradeep Kumar Singh Baghel,J.

If the foundational order is bad, it cannot be corrected subsequently

In State of Orissa & Anr. v. Mamta Mohanty, (2011) 3 SCC 436, this Court has held that any appointment made in contravention of the statutory requirement i.e. eligibility, cannot be  approved and once an appointment is bad at its inception, the same cannot be preserved, or protected, merely because a person has been employed for a long time.

If Land Acquisition is bad, or lapsed, state should return the land

2012(7)ADJ398 Bunda v. State UP

the Government land and/or Panchayat land is normally required to be disposed of by public auction.

As held by the Hon'ble Supreme Court in case of Parashram Thakur Dass and Ors. v. Ram Chand and Ors. reported in MANU/SC/0173/1982 : [1982]3SCR288 , Netai Bag and Ors. v. The State of West Bengal and Ors. reported in MANU/SC/0604/2000 : AIR2000SC3313 ., the Government land and/or Panchayat land is normally required to be disposed of by public auction. 

delay in delivery of judgment sufficient to set it aside

I (2000) SLT 370
(Equivalent Citation:- I (2000) CLT 268 (SC), 2000(2) SRJ 215, 2000 AIR(SC)
775, 2000(1) Scale 146, 2000(1) Supreme 209, 2000(1) SCR 254, 2000(2) SCC
13, 2000(1) JT 266)
:BHAGWANDAS FATECHAND DASWANI & ORS. v. H.P.A. INTERNATIONAL & ORS.

Delay in Delivery of Judgment : Sufficient to Set Aside Judgment under
Appeal -

Appointment of ineligible candidate is void

State of Gujarat v. Arvindkumar T. Tiwari, (2012) 9 SCC 545 (Civil Appeal No. 6468 of 2012, decided on September 14, 2012):

Relaxation of eligibility criteria prescribed for post in question which stood vacated upon death of person who was employed on said post from family concerned on humanitarian grounds is impermissible. A person who does not possess requisite qualifications cannot even apply for recruitment since his appointment would be contrary to the statutory rules, and would therefore, be void in law. Lacking of eligibility for the post cannot be cured at any stage and appointing such a person would amount to a serious illegality and not mere irregularity. Moreover, such person cannot approach the court for any relief because he does not have enforceable right.