VIRENDER CHAUDHARY versus BHARAT PETROLEUM CORPORATION &ORS.

VIRENDER CHAUDHARY versus BHARAT PETROLEUM CORPORATION &ORS.

High Court erred in not considering the delay and latches; equitable and discretionary principles of writ jurisdiction preclude relief where applicant delayed challenging allotment; impugned judgment set aside.

Parties
Appellant: Virender Chaudhary; Respondent No.1: Bharat Petroleum Corporation; Respondent No.5: Respondent No.5
Jurisdiction
India
Judgment Date
07 November 2008
Procedural Posture
Civil Appeal / Appeals From Final Judgments/orders of the High Court of Punjab and Haryana at Chandigarh
Outcome
Appeals allowed; impugned judgment of High Court set aside.
Legal Topics
Article 226 Writ Jurisdiction, Delay and Latches, Eligibility for LPG Distributorship, Estoppel, Waiver, Acquiescence
Constitutional Law Administrative Law Article 226 Writ Jurisdiction Delay and Latches Eligibility for LPG Distributorship Estoppel, Waiver, Acquiescence

Case Brief

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Parties

Virender Chaudhary

Appellant

Bharat Petroleum Corporation

Respondent No.1

Respondent No.5

Respondent No.5

Procedural Posture

Civil Appeal / Appeals From Final Judgments/orders of the High Court of Punjab and Haryana at Chandigarh

Legal Issues

  1. 1 Whether cancellation of empanelment of respondent No.5 was justified.
  2. 2 Whether delay and latches affect writ jurisdiction under Article 226.
  3. 3 Whether the High Court erred in granting relief after delay.

Ratio Decidendi

High Court erred in not considering the delay and latches; equitable and discretionary principles of writ jurisdiction preclude relief where applicant delayed challenging allotment; impugned judgment set aside.

Court Disposition

Appeals allowed; impugned judgment of High Court set aside.

Orders

  • Impugned judgment of High Court dated 15.11.2007, 18.1.2008 & 24.1.2008 set aside.
  • No order as to costs.