The petitioner filed a writ petition seeking refund of earnest money deposited over 13 years. The Court dismissed the petition due to delay and laches, finding no justification for interference.
Data not requestable as the petition was dismissed; no relief granted.
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Court No. - 32
Case :- WRIT - C No. - 41707 of 2018
Petitioner :- Suresh Chandra Nigam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Ayub Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the parties and perused the record.
By means of the present writ petition, the petitioner has sought following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to release the amount of Rs. 2,50,000/- deposited for purchase the assets of R.M. Foods (P) Ltd. Artoni District Agra in favour of petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the representation dated 31.08.2018 (Contained in Annexure no.8 to the writ petition)."
Perusal of the record shows that the present writ petition has been filed by the petitioner for the refund of earnest money, after more than 13 years.
Considering the facts and circumstances of the case, we do not see any justification to interfere in the matter.
In view of the above, this writ petition is dismissed on the ground of delay and laches.
Order Date :- 18.12.2018 JK Yadav
Suresh Chandra Nigam
State Of U.P.
Shashi Kant Gupta
Manju Rani Chauhan
As recorded by the court registry
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