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ASHUTOSH JAIN v. THE ASSISTANT ESTATE OFFICER

Supreme Court of India | Diary 29741/2023

Status

Order

Decided On

2024-11-22

Bench

HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Petitioner

ASHUTOSH JAIN

Respondent

THE ASSISTANT ESTATE OFFICER

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 [arising out of SLP (C) No. 16388/2023]

ASHUTOSH JAIN Appellant

VERSUS

THE ASSISTANT ESTATE OFFICER & ORS. Respondents

O R D E R

1. Leave granted.

2. A learned Judge of the High Court of Punjab and Haryana at Chandigarh

has dismissed the appellant’s writ petition1 vide the judgment and

order dated 24th May, 2023 on the ground of inordinate delay of 42

years in approaching the High Court without sufficient explanation.

3. The facts giving rise to the writ petition have been noted in the

impugned judgment and order; hence, we refrain from repeating the

same here except. However, we cannot but painfully observe that the

crux of the dispute, having its roots in non-payment of certain dues and

triggering proceedings for eviction under the Public Premises (Eviction

of Unauthorized Occupants) Act, 19712, ultimately boiled down to the

appellant facing imminent eviction from his home for a short deposit of

Rs.2,250/- resulting in the proceedings lingering on for so long.

1 No. 11029 of 2023 (O&M) 2 the 1971 Act

4. It is indeed true that the appellant had challenged orders dated 9th

June, 1978, 5th January, 1980 and 14th December, 1994 in the writ

petition presented in 2023. Viewed narrowly, bearing in mind the dates

of the im...

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