Research › Search › Judgment

Punjab High Court · body

2018 DIGILAW 1841 (PNJ)

Vinder Singh v. Union Of India

2018-04-21

P.B.BAJANTHRI

body2018
JUDGMENT P.B. Bajanthri, J. (Oral) - In the instant writ petition, petitioner has challenged the Annexure P-7 dated 12.05.2004. There is a delay and laches on the part of the petitioner in questioning and sufficient cause has not been shown. Supreme Court in the case of State of Jammu and Kashmir v. R.K. Zalpuri and other reported in (2015) 15 SCC 602 in para 20 held as under:- "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "30. The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether: (a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved; (b) the petition reveals all material facts; (c) the petitioner has any alternative or effective remedy for the resolution of the dispute; (d) person invoking the jurisdiction is guilty of unexplained delay and laches; (e) ex facie barred by any laws of limitation; (f) grant of relief is against public policy or barred by any valid law; and host of other factors. 2. In view of the principle laid down in the aforesaid decision, petition is to be rejected on the ground of delay and laches. 3. Petition stands dismissed.