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2009 Supreme(SC) 57

Supreme Court Of India
TARUN CHATTERJEE,V.S.SIRPURKAR
HUCHAMMA (D) BY LRS.
Versus
STATE OF KARNATAKA
Decided On : 01/14/2009

Inordinate delay in filing the appeal can justify the dismissal of the writ appeal.

Headnote:

Delay - Land Acquisition - Inordinate Delay in Filing Appeal - The court found that the High Court was justified in dismissing the writ appeal on the ground of inordinate delay in filing the appeal.

Fact of the Case:

The appeal was directed against an order passed by the High Court of Karnataka in a writ appeal. The appellants' land was acquired, and the writ petition was filed in the year 2000, after a significant delay.

Finding of the Court:

The court found that the High Court was justified in dismissing the writ appeal due to the inordinate delay in filing the appeal.

Issues: Inordinate delay in filing the appeal.

Ratio Decidendi: The court's decision was influenced by the inordinate delay in filing the appeal, which led to the dismissal of the writ appeal.

Final Decision: The appeal was dismissed, with no order as to costs. The interim order passed by the Court was vacated.

( 1 ) LEAVE granted.

( 2 ) THIS Appeal is directed against an order dated 15th of December, 2004 passed by a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal no. 2945 of 2004.

( 3 ) WE have heard learned counsel for the parties and examined the impugned order and the order passed in the writ petition and other materials on record.

( 4 ) HAVING heard the learned counsel for the parties and after going through the materials on record, we are not inclined to interfere with the impugned order of the high Court as we find that the High Court has rightly dismissed the writ appeal on the ground of inordinate delay holding that the preliminary notification acquiring the land in question including the lands of the appellants was issued on 15th July, 1982 and the final notification was issued on 16th August, 1985 and the award was passed on 12th May, 1998 and possession of the land in question was taken over on 30th June, 1998, and subsequent to that the writ petition was filed in the year 2000. We are, therefore, of the view that the High Court was justified in dismissing the writ appeal on the ground of inordinate delay in filing the appeal.

( 5 ) ACCORDINGLY, this appeal is dismissed, with no order as to costs. Interim order passed by this Court on 4. 3. 2005 stands vacated.

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