MRINMOY MAITY versus CHHANDA KOLEY AND OTHERS

MRINMOY MAITY versus CHHANDA KOLEY AND OTHERS

Where a writ petitioner, who was a rival applicant and aware of the allotment, allowed four years to elapse and only challenged the approval after the successful applicant was permitted to construct on alternate land, the writ petition should have been dismissed on the ground of delay and laches; the Division Bench erred in entertaining the petition and setting aside the allotment, and the Single Judge's dismissal on those grounds is to be restored.

Parties
Appellant: Mrinmoy Maity; Respondent: Chhanda Koley; Respondent: Bharat Petroleum Corporation Limited
Jurisdiction
India
Judgment Date
18 April 2024
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court
Outcome
Appeal allowed; order of the Division Bench set aside and order of the Single Judge restored
Legal Topics
Delay and Laches, Writ Jurisdiction Under Article 226, Extraordinary Relief, LPG Distributorship
Constitutional Law Administrative Law Delay and Laches Writ Jurisdiction Under Article 226 Extraordinary Relief LPG Distributorship

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Parties

Mrinmoy Maity

Appellant

Chhanda Koley

Respondent

Bharat Petroleum Corporation Limited

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court

Legal Issues

  1. 1 Whether the writ court was justified in entertaining the writ petition challenging the approval for LPG distributorship granted on 03.06.2014
  2. 2 Whether delay and laches can bar exercise of writ jurisdiction under Article 226 when the writ petitioner delayed approaching the court for several years

Ratio Decidendi

Where a writ petitioner, who was a rival applicant and aware of the allotment, allowed four years to elapse and only challenged the approval after the successful applicant was permitted to construct on alternate land, the writ petition should have been dismissed on the ground of delay and laches; the Division Bench erred in entertaining the petition and setting aside the allotment, and the Single Judge's dismissal on those grounds is to be restored.

Court Disposition

Appeal allowed; order of the Division Bench set aside and order of the Single Judge restored

Orders

  • Impugned order of the Division Bench dated 13.09.2018 set aside
  • Order of the Learned Single Judge dismissing the writ petition restored