2014 Supreme(Raj) 836
RAJASTHAN HIGH COURT
P.K.Lohra, J.
Billu Singh - Appellant
Versus
State of Rajasthan and Anr. - Respondent
S.B. Civil Writ Petition No. 12951 of 2013.
Decided On : 23-01-2014
For the Petitioner:Abhinav Jain, Advocate.
Delay in pursuing an application for special allotment of land under Rule 13A of the Rajasthan Colonization (Allotment and Sale of Government Land in Indira Gandhi Nahar Pariyojna) Rules 1975, without any cogent or convincing reason, can lead to the dismissal of a writ petition seeking a direction to the authorities to accept the application.
Headnote:
RAJASTHAN COLONIZATION ACT, 1954 - RULE 13A - SPECIAL ALLOTMENT OF LAND - DELAY IN PURSUING APPLICATION - LACHES - WRIT PETITION DISMISSED.
Fact of the Case:
Petitioner applied for special allotment of land under Rule 13A of the Rajasthan Colonization (Allotment and Sale of Government Land in Indira Gandhi Nahar Pariyojna) Rules 1975. His application was rejected in 2000 for not being part of the notified land. He submitted another application in 2000, but it was not considered by the authorities. He approached the High Court in 2013 seeking a direction to the authorities to accept his application.
Finding of the Court:
The High Court found that the petitioner had not placed on record any material particulars or evidence to support the existence of the second application submitted in 2000. The Court also noted that the petitioner had remained dormant for more than a decade without pursuing the matter, and had failed to show any cogent reason for the delay in approaching the Court.
Issues: 1. Whether the petitioner had submitted a second application for special allotment of land in 2000? 2. Whether the petitioner's delay in pursuing the matter and approaching the Court was justified?
Ratio Decidendi: 1. The Court held that the petitioner had failed to provide any evidence or material particulars to substantiate the existence of the second application submitted in 2000. 2. The Court applied the principle of laches and held that the petitioner's delay of more than thirteen years in pursuing the matter and approaching the Court was fatal to his claim. The Court cited the Supreme Court judgment in Municipal Council, Ahmednagar v. Shah Hyder Beig, which held that delay defeats equity and that an extraordinary equitable jurisdiction cannot be granted to a party who has been indolent and callous in pursuing their rights.
Final Decision: The High Court dismissed the petitioner's writ petition, holding that there was no material on record to satisfy the Court about the pendency of the petitioner's so-called application, and that the petitioner's delay in pursuing the matter and approaching the Court was fatal to his claim.
"It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction in the nature of certiorari, the non-petitioner No.2 be directed to accept the application of the petitioner for allotment of land as Special Allotment under Rule 13A of the Rules of 1975 situated in Murabba No.196/446 of Chak 11 A.S., Tehsil Vijaynagar measuring 25 bigha.
Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the present case may kindly be passed in favour of the petitioner.
Award the cost of this writ petition to the petitioner against the non-petitioners."