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2024 (5) TMI 120 - SUPREME COURTMaintainability 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.
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