The High Court of Chhattisgarh dismissed a writ petition filed by Ram Swarup Jaggi concerning land acquisition. The court held that the cause of action arose in 1993, and the petition was barred by inordinate delay and laches as no legal remedy was pursued until 2015.
The writ petition was dismissed on the ground of delay and laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No.85 of 2016
Ram Swarup Jaggi, son of Late Shri S.D. Jaggi, aged about 79 years, Proprietor Raipur Madras Road Lines Ring Road No.2 Bhanpuri, Raipur, District Raipur (Chhattisgarh)
--- Petitioner
versus
---- Respondents
For Petitioner : Shri Romir S. Goyal, Advocate on behalf of Shri Sunil Otwani, Advocate For State/Respondent No.1 : Shri Prafull N. Bharat, Additional Advocate General
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy
Order on Board
Per Navin Sinha, Chief Justice
14/1/2016
2 . On the own showing of the Petitioner the cause of action fructified in 1993 when he claims to have made part payments for the lands in question from 1991 to 1993. There is no explanation in the writ petition whatsoever that why he did not pursue any legal remedies in this regard till 2015 and the writ petition has been filed only when the Respondents have issued the NIT in question on 17.12.2015 for settlement of lands.
| Sd/- | Sd/- |
|---|---|
| (Navin Sinha) | (P. Sam Koshy) |
| CHIEF JUSTICE | JUDGE |
Subbu
2 issues framed by the court
Whether the writ petition is barred due to inordinate delay and laches.
Whether the petitioner's failure to pursue remedies from 1993 until filing in 2016 warrants dismissal.
Ram Swarup Jaggi
State of Chhattisgarh
Bilaspur Municipal Corporation
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
