Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, C.J, MURAHARI SRI RAMAN
Piyali Chakravarty – Appellant
Versus
Revenue Divisional Commissioner (Northern Division), Sambalpur – Respondent
| Table of Content |
|---|
| 1. overview of review application and prior proceedings. (Para 1 , 2) |
| 2. arguments regarding delay, laches, and legal interpretation. (Para 3 , 4) |
| 3. court analysis of review jurisdiction and legal standards. (Para 5 , 6 , 7 , 8) |
| 4. conclusion and dismissal of review applications. (Para 9) |
JUDGMENT :
1. The instant applications for review are against the common order dated 20th March, 2023 passed in W.P.(C) Nos.13399 of 2017, 13580 of 2017, 13582 of 2017 and 13583 of 2017, whereby and whereunder the aforementioned writ petitions were dismissed primarily on the ground of delay and laches having attributed to the conduct of the review petitioner.
2.1. Amidst the pendency thereof, a portion of the demised land was carved out and vested with the Government and ultimately the lease was granted to the surviving successor in respect of a remaining portion. Settlement of the land and the execution of the lease deed was challenged by opposite party Nos.4 and 5 (RVWPET No.146 of 2023) by approaching the Revenue Divisional Commissioner (Northern Division), Sambalpur (in short 'the RDC' ) with an additional prayer for settlement of the portion of the demised land in their favour on t
The court emphasized the necessity of considering sufficient cause regarding delays in petition filings and distinguished between dismissal and disposal of cases, asserting review jurisdiction must b....
The principle that delay and laches may result in the refusal of relief under Article 226 of the Constitution of India.
when the fraud is alleged the same is required to be pleaded and established by leading evidence. Mere allegation that there was a fraud is not sufficient.
Approaching the court within a reasonable time is crucial, and delay and laches may lead to the dismissal of petitions.
Government departments must provide reasonable explanations for delays in filing petitions; absence of sufficient cause results in dismissal of applications for condonation.
Government departments must provide reasonable and acceptable explanations for delays in legal filings, emphasizing diligence in legal proceedings.
There is no prescribed time limit for filing writ petition, parties have to approach Court within a reasonable time, and in absence of satisfactory explanation for inordinate delay, parties are not e....
The court upheld the validity of land acquisition proceedings, emphasizing previous adjudication, statutory compliance, and the impact of delay and laches on claims against the acquisition.
The court emphasized that the law of limitation applies equally to all parties, including the government, and failure to act within a reasonable time results in dismissal of claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
