Om Raj Katoch vs State Forest Corporation
2024 Latest Caselaw 2218 j&K

Jammu & Kashmir High Court

Om Raj Katoch vs State Forest Corporation on 25 October, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                              Sr. No. 4
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU


Case: LPA No. 75/2024
Om Raj Katoch,
S/o Sh. Krishan Chand,
R/o Village Khelan,
Tehsil & District Doda.
                                            ...Petitioner(s)/Appellant(s)

                    Through: M/s Abhimanyu Sharma & Vishal Sharma,
                             Advocates.

                                   V/s

01. State Forest Corporation, Jammu                         .... Respondent(s)
Through its Managing Director.
02. Mr. Azad Khan,
 Supervisor,Corporation,
C/o Managing Director SFC
J&K Govt. Jammu
3. Mr. Sher Singh S/o Sh. Manohar Lal
R/o Village Shaya (Peryot)
District Doda Supervisor State Forest
Corporation

                    Through:     Mr. Vishal Bharti, Dy.AG


CORAM:         HON'BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE
               HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                  ORDER(ORAL)

25.10.2024

(ATUL SREEDHARAN-J)

01. The present Letters Patent Appeal (LPA) has been filed against the

judgment dated 04.11.2023 whereby the learned Single Judge after considering

the petition filed by the appellant herein dismissed the same on the ground of

laches with unexplained delay.

02. Undisputedly, as the learned counsel for the appellant has fairly submitted

that the cause of action accrued in the year 1997 and the petition was belatedly

filed in the year 2008. He further submits that the petition was filed only because

similarly situated persons, who had agitated their right earlier, were given

benefits from this Court.

03. After having gone through the impugned order, this Court is of the opinion

there is no infirmity with the said order. The rights which accrue to a litigant

must be agitated at the appropriate time. The litigant cannot wait for the similarly

situate persons to get relief in their case and belatedly agitate his rights.

04. Under the circumstances, we find no pressing reasons to interfere with the

order passed by the learned single judge. Hence, the appeal is dismissed.

                                          (SANJAY DHAR)               (ATUL SREEDHARAN)
                                                 JUDGE                            JUDGE
           Jammu
           25.10.2024
           Sunita/PS