2024 (5) TMI 120 - SC - Indian Laws

Maintainability of writ petition - time limitation - time limitation ought to have been dismissed on the ground of delay and latches itself or not - Whether the writ court was justified in entertaining the writ petition filed by the Respondent No. 1 herein challenging the approval dated 03.06.2014 granted in favour of the Appellant herein for starting LPG distributorship at Jamalpur, District Burdwan? - HELD THAT - An applicant who approaches the court belatedly or in other words sleeps over his rights for a considerable period of time, wakes up from his deep slumber ought not to be granted the extraordinary relief by the writ courts. This Court time and again has held that delay defeats equity. Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers Under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action. There being no stiff opposition or strong resistance to the alternate land offered by the Appellant herein not being as per the specifications indicated in the advertisement, there are no reason to substitute the court's view to that of the experts namely, the Corporation which has in its wisdom has exercised its discretion as is evident from the report filed in the form of affidavit by the territory manager (LPG)/ BPCL. The order of the Learned Division Bench is liable to be set aside and accordingly, it is set aside - Appeal allowed.

Issues Involved:
1. Justification of the writ court in entertaining the writ petition.
2. Locus standi of the Respondent No. 1.
3. Delay and latches in filing the writ petition.
4. Validity of the alternate land offered by the Appellant.

Summary:

1. Justification of the writ court in entertaining the writ petition:
The core issue was whether the writ court was justified in entertaining the writ petition challenging the approval granted to the Appellant for starting LPG distributorship at Jamalpur, District Burdwan. The appellate court had allowed the appeal on the grounds that the successful applicant had not offered unencumbered land for construction, the land offered was in contravention of guidelines, and the amendment to the guidelines could not be applied retrospectively.

2. Locus standi of the Respondent No. 1:
The Learned Single Judge dismissed the writ petition on the ground that Respondent No. 1 had no locus standi as she had participated in the selection process and was unsuccessful. This dismissal was contested, but the Supreme Court upheld the Single Judge's decision, emphasizing that the writ Petitioner should have been non-suited on the ground of delay and latches.

3. Delay and latches in filing the writ petition:
The Supreme Court underscored that the writ Petitioner approached the court belatedly, which should have led to the dismissal of the writ petition. The Court reiterated that delay defeats equity and emphasized that extraordinary relief should not be granted to those who sleep over their rights. The Court cited precedents to support the principle that inordinate delay in invoking writ jurisdiction is a valid ground for dismissal.

4. Validity of the alternate land offered by the Appellant:
The Appellant had initially offered Barga land, which was later substituted with alternate land. The Corporation accepted this alternate land based on subsequent guidelines allowing flexibility. The Supreme Court found no reason to substitute the Corporation's discretion, as the alternate land met the specifications and was found suitable for construction.

Conclusion:
The Supreme Court set aside the order of the Learned Division Bench and restored the order of the Learned Single Judge, dismissing the writ petition on the grounds of delay and latches and upheld the Appellant's right to the LPG distributorship. The appeal was allowed with no order as to costs.

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