Regal Distillery v. The Honble Administrator, Union Territory Of Daman And Diu And ANR.
914-WP.10253.2016+1.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10253 OF 2016 Regal Distillery } Petitioner versus The Hon'ble Administrator, } Union Territory of Daman } and Diu and Anr.
} Respondents WITH WRIT PETITION NO. 10247 OF 2016 Avan Distillery } Petitioner versus The Hon'ble Administrator, } Union Territory of Daman } and Diu and Anr.
} Respondents Mr. Vijay Prakash Yadav with Ms. Dipti Kuber for the petitioners.
Mr. Pravin Gole i/b. Mr. S. S. Deshmukh for the respondents.
CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.
DATED :- MARCH 27, 2018 P.C. :- 1.
Having heard both sides and finding that the petitioners seek consideration of an application dated 12th December, 1991 by the competent authorities, but admit very clearly that the application was pending for 25 years. The only explanation, which has been given or furnished for this enormous delay in J.V.Salunke,PA
914-WP.10253.2016+1.doc filing the writ petitions is that there is an order dated 9th November, 2005 passed by the first respondent. Therefore, the authorities can be directed to dispose of the pending application. 2.
When inquired as to how in pursuance of any order of 9th November, 2005 can we today direct the authorities to consider the pending application and that too of 1991, all that is stated is that the petitioners were following up the matter by paying personal visits.
3.
We do not see how we can entertain such a request after an admitted period of 11 years from the date of the order of 9th November, 2005 and after a period of 26 years from the date the application was made. The writ petitions are, therefore, barred by delay and laches. They are dismissed. There would be no order as to costs.
(PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA