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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Naresh Sao son of late Chander Sao – Appellant
Versus
Central Coalfields Ltd. a subsidiary of Coal India Limited – Respondent
JUDGMENT :
Prayer
1. The present appeal has been filed under Clause-10 of the Letters Patent against the order dated 30.01.2025 passed by the learned Single Judge of this Court in W.P.(C) No. 1058 of 2024, whereby and where under, the learned Single Judge has been pleased to dismiss the writ petition solely on the ground that after lapse of 43 years from the date of payment of compensation, the writ petitioner by claiming title over the land in question has questioned the decision so taken by the Central Coalfields Limited in making payment of compensation in favour of the other persons way back in the year 1975 and also in the year 1983 when the land in question was acquired.
Factual Matrix
2. The brief facts of the case as per the pleadings made in the plaint as well as in the writ petition need to refer herein which reads as under:
(I) The original raiyat of the said land had failed to pay the rent for which a certificate proceeding being Certificate Case No.1143 of 1932-33 was initiated against him. Subsequently, the decree was prepared in the said case and the said land was purchased by ancestors of the Writ petitioner through auction sale and, thereafter, they came in possession o
The High Court may refuse relief due to delay and laches, particularly when third-party rights have accrued, prioritizing timely claims and the integrity of past compensations.
The central legal point established in the judgment is that the right to compensation for expropriation of property is guaranteed under Article 300A of the Constitution of India, and delay in seeking....
Inordinate delay undermines claims for compensation in land disputes unless justified.
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It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
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