Invocation of Extraordinary Jurisdiction – Delay and Laches – Principles of Equity – Equitable Relief – The Supreme Court considered whether the writ court was justified in entertaining a writ petition challenging the approval granted for starting LPG distributorship at a certain location. The appellant and respondent both applied for LPG distributorship, and the appellant was selected through a draw of lots and granted approval by BPCL. The respondent, after a lapse of four years, raised objections regarding the land offered by the appellant, leading to litigation.The Division Bench set aside the allotment in favor of the appellant, citing violations of guidelines and retrospective application of amendments.
The Supreme Court held that delay and laches disentitled the respondent from obtaining discretionary relief.It emphasized that delay defeats equity, and the court should consider delay and laches while exercising discretionary powers under Article 226. Referring to precedents, the court highlighted that delay without adequate explanation may lead to refusal of relief, even in cases involving fundamental rights.The Supreme court reinstated the order of the Learned Single Judge, dismissing the writ petition due to delay and laches, thereby allowing the appeal. (Para 9, 13, and 15)
SUPREME COURT OF INDIA
2024 STPL(Web) 267 SC = 2024 INSC 314
Mrinmoy Maity Vs. Chhanda Koley And Others
Civil Appeal Nos. 5027 of 2024 (@ Special Leave Petition (CIVIL) NO. 30152 OF 2018)-Decided on 18-04-2024
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