Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Delay Defeats Equity; Laches Justifies Dismissal of Writ Petition: Supreme Court Upholds Dismissal of LPG Distributorship Writ on Grounds of Delay and Lack of Locus Standi

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Supreme Court of India has restored the order of the Single Judge dismissing a writ petition challenging the grant of an LPG distributorship due to the delayed response and lack of locus standi of the petitioner. The bench, consisting of Justices Pamidighantam Sri Narasimha and Aravind Kumar, addressed the issues surrounding the eligibility and selection process for the distributorship in Jamalpur, District Burdwan.

Legal Points Addressed: The primary legal question was whether the writ court was justified in entertaining the writ petition filed by the respondent challenging the approval granted to the appellant for starting an LPG distributorship based on an alternate land offering after the originally proposed land was found encumbered.

The case arose from a 2012 advertisement calling for LPG distributorship applications under the General Purpose (GP) category. Both the appellant and respondent No.1 were initially deemed eligible. However, after a draw, the appellant was selected. Several years later, respondent No.1 challenged the approval on the basis that the land offered by the appellant did not comply with the specific land guidelines. The challenge was initially dismissed due to delay and lack of locus standi, but was later entertained by an appellate court which set aside the approval for the distributorship.

On Delay and Latches: The Court highlighted the principle that "delay defeats equity" and emphasized that inordinate delay without satisfactory explanation should lead to the dismissal of writ petitions. The Supreme Court observed, "An applicant who approaches the court belatedly... ought not to be granted the extraordinary relief by the writ courts."

On Judicial Discretion in Writ Proceedings: The Court noted that the High Court should exercise its discretionary powers judiciously, not allowing indolent litigants to revive lapsed causes of action.

On Guidelines and Subsequent Amendments: The Court found that the subsequent amendment allowing the offering of alternate land in response to the original advertisement was reasonable and within the scope of administrative flexibility.

On the Role of Appellate Courts in Writ Appeals: The Supreme Court criticized the appellate court's decision for not adequately considering the aspect of delay and for failing to recognize the lack of locus standi of the respondent.

Decision: The Supreme Court set aside the appellate court's decision that had favored the respondent, restored the Single Judge's dismissal of the writ petition, and upheld the approval of the appellant's LPG distributorship on the alternate land offered. The decision was based on the doctrines of delay, latches, and the proper exercise of judicial discretion.

Date of Decision: April 18, 2024

Mrinmoy Maity vs. Chhanda Koley and Others

 

Latest Legal News