Citation : 2022 Latest Caselaw 350 Tel
Judgement Date : 31 January, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.911 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
31.07.2019 passed by the learned Single Judge in
W.P.No.13658 of 2019.
The undisputed facts of the case reveal that the
respondent No.5 - the Survey of India, Staff Co-operative
Housing Society Limited, Uppal, Ranga Reddy District, has
sold a house plot bearing No.329 admeasuring 300 square
yards in favour of the appellant/writ petitioner and a sale
deed was executed on 03.09.1982. The sale deed was
cancelled on 31.08.1996 and the writ petition was preferred
challenging the cancellation, only in the year 2019. The
learned Single Judge, as it was challenged after a lapse of
about 22 years, has dismissed the writ petition.
Learned counsel for the appellant/writ petitioner has
argued before this Court that the writ petition is maintainable
in the light of the judgment delivered in the case of Tota
Ganga Laxmi v. Government of Andhra Pradesh1. The
learned Single Judge has taken care of the aforesaid
judgment. However, the fact remains that the cancellation of
the sale deed was done in the year 1996 and the
1 (2010) 15 SCC 207
appellant/writ petitioner has approached this Court after
lapse of about 22 years and therefore, the writ petition was
rightly dismissed on the ground of delay and laches. This
Court does not find any reason to interfere with the order
passed by the learned Single Judge.
The writ appeal is accordingly dismissed. However,
liberty is granted to the appellant/writ petitioner to avail the
other remedies available under the law.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________ SATISH CHANDRA SHARMA, CJ
______________________________________ ABHINAND KUMAR SHAVILI, J
31.01.2022 vs
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