Vilas Purushottam Bhongale v. The Chairman Cum Managing Director, Western Coalfields Ltd. Nagpur And Others

wp1904.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1904/2022 Shri Vilas Purushottam Bhongale ...

Petitioner - Versus - The Chairman Cum Managing Director, Western Coalfields Limited, Nagpur and others ... Respondents ----------------- Mr. M.K. Mishra, Advocate for Petitioner.

---------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 12 APRIL 2022 P.C. :

Petitioner has sought a direction to set aside the communication dated 22 August 2020 rejecting the representation of the Petitioner. We note that merely by making a representation in the year 2020 and rejection thereof on 22 August 2020, Petitioner cannot get over the aspect of delay and

wp1904.2022 latches which would commence from the date Petitioner became entitled to relief. In the present case, Petitioner has sought an appointment as a project affected person on the ground his land was acquired. The land was acquired on 24 February 1996. Application was made on 27 March 2004. The representation is made in April 2020 and upon rejection in August 2020, Petitioner has approached this Court. The right to seek employment arose in the year 1996.

2.

As regards delay and the gross latches, the only explanation is found in para 5 of the petition which is the similarly placed people are granted employment. Nothing is pleaded in support of this assertion. No particulars are given. Even assuming some right arose in favour of the Petitioner, it cannot be sought to be enforced against the Respondents at any time the Petitioner wishes. The delay and latches of more than 25 years in approaching the Court cannot be overlooked when writ jurisdiction is invoked.

3.

No relief therefore can be granted to the Petitioner. Writ petition is rejected.

(ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary