The High Court dismissed the writ petition filed by a petitioner seeking possession of a kiosk allotted in 2002. The dismissal was based on delay and laches. The court directed respondents to refund the previously deposited amount.
The writ petition was dismissed. The respondents are directed to refund the deposited amount of Rs. 4147/- within one month.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 6879/2018
Mubina D/o Shri Alladin aged about 60 years, R/o Khudadad Manjil, Hammal Mohalla, City Sawaimadhopur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shamsuddin Ansari For Respondent(s) : Mr. Brij Kishore Sharma
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
29/01/2019
This writ petition has been filed by the petitioner with the
following prayer:-
“It is, therefore, humbly prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and (I) by an appropriate writ, order and direction in the nature thereof, direct the respondents to give the possession of allotted kiosk to the petitioner. (ii) Any other relief which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be give in favour of the petitioner.”
Brief facts of the case are that the petitioner was allotted kiosk by the respondents vide letter/order dated 04.02.2002 in the Chief Minister Employment Scheme. The petitioner deposited amount of Rs. 1888/- on 22.03.2012 as well as amount of Rs. 2259/- on 14.06.2004.
(2 of 2)
[CW-6879/2018]
Counsel for the petitioner submitted that despite depositing the amount as demanded by the respondents the possession of kiosk has not given to the petitioner.
Counsel for the respondents submitted that the petitioner has not deposited the amount immediately after the allotment and due to change in the scheme the possession of the kiosk was not given to the petitioner.
Counsel further submits that the total amount deposited by the petitioner Rs. 4147/- has been refunded to the petitioner vide cheque (HDFC Bank) dated 06.06.2017, however, the petitioner has refused to accept the said amount.
Heard counsel for the petitioner and perused the record.
The writ petition filed by the petitioner deserves to be dismissed on the ground of delay and laches as the allotment of kiosk relates to the year 2002 and the present writ petition has been filed by the petitioner in the year 2018 after a delay of 16 years; secondly the amount of Rs. 4147/- deposited by the petitioner has already been refunded to the petitioner by the respondents, however, the petitioner has refused accept the same.
In that view of the matter, the writ petition filed by the petitioner is dismissed. The respondents are directed to refund the amount deposited by the petitioner within a period of one month.
(INDERJEET SINGH),J
Jatin/35
1 issue framed by the court
Whether the granted relief in the writ petition should be allowed despite the delay of 16 years and refusal to accept refunded amount.
Mubina D/o Shri Alladin
State Of Rajasthan Through Collector, Sawaimadhopur
Nagar Parishad Sawaimadhopur Through Executive Officer
INDERJEET SINGH
As recorded by the court registry
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