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High Court of DelhiW.P.(C)/10241/2017

Shri Sushil Kumar Jain And ORS. v. Union Of India

2017-12-05Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10241/2017 SHRI SUSHIL KUMAR JAIN AND ORS.

..... Petitioners Through:

Mr. S.K Rout, Adv.

versus UNION OF INDIA ..... Respondent Through:

Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 05.12.2017 This is a petition filed by the petitioners under Article 226 of the Constitution of India seeking a direction to the respondent to forward the reference petition filed by the petitioner on 7th March, 2008 under Section 18 of the Land Acquisition Act, 1894.

Mr. Yeeshu Jain, Standing Counsel for the respondent / LAC has raised a preliminary objection with regard to the maintainability of this writ petition on the ground of delay and laches. It is submitted that there is no averment made in this writ petition explain the delay in approaching this Court. Mr. Jain also submits on instructions that no such reference petition has been filed by the petitioner nor such reference petition is available in the record of LAC. Counsel for the petitioner however submits to the contrary and submits that reference petition was filed on 7th March, 2008.

At this stage, counsel for the petitioner wishes to withdraw this petition.

The petition is dismissed as withdrawn.

G.S.SISTANI, J V. KAMESWAR RAO, J DECEMBER 05, 2017/jg