Case Note & Summary
The petitioner, Rajabhau Damodar Raikar, filed a writ petition under Article 226 of the Constitution of India challenging an order passed by the Maha Lok Adalat on 16th September, 2012. The order was passed on a change report filed by respondent nos. 4 to 6 under Section 22 of the Bombay Public Trust Act, 1950. The petition was filed in 2014, more than two years after the impugned order. The contesting respondents (respondent nos. 4 to 6) filed an affidavit in reply opposing the petition. The court noted that the challenge was belated and that the petitioner had not provided any explanation for the delay. The court held that the writ petition was barred by delay and laches, and dismissed it without examining the merits of the case. The court emphasized that a writ petition under Article 226 must be filed within a reasonable time, and a delay of over two years without sufficient cause is fatal.
Headnote
A) Public Trust - Change Report - Section 22 Bombay Public Trust Act, 1950 - Finality of Lok Adalat Order - The petitioner challenged an order of the Maha Lok Adalat dated 16th September, 2012 passed on a change report filed by respondent nos. 4 to 6 under Section 22 of the Bombay Public Trust Act, 1950. The writ petition was filed in 2014, after a delay of over two years. The court held that the challenge was barred by delay and laches, and dismissed the petition. (Paras 4-6)
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Delay and Laches - The court reiterated that a writ petition under Article 226 must be filed within a reasonable time. A delay of over two years in challenging a Lok Adalat order without sufficient explanation is fatal. (Para 6)
Issue of Consideration
Whether the order passed by the Maha Lok Adalat on a change report under Section 22 of the Bombay Public Trust Act, 1950 can be challenged after a delay of more than two years.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Lok Adalat order finality
- delay and laches
- writ jurisdiction under Article 226
- Bombay Public Trust Act Section 22
- change report
Case Details
2015 LawText (BOM) (03) 107
Writ Petition No. 5105 of 2014
Prathmesh Bhangude i/b S.B. Deshmukh for Petitioner; M.P. Thakur, AGP for Respondent No. 1; S.A. Javale for Respondent Nos. 4 to 6
The Assistant Charity Commissioner, Pune and Others
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Maha Lok Adalat passed on a change report under Section 22 of the Bombay Public Trust Act, 1950.
Remedy Sought
Petitioner sought quashing of the Maha Lok Adalat order dated 16th September, 2012.
Filing Reason
Petitioner was aggrieved by the order of the Maha Lok Adalat passed on a change report filed by respondent nos. 4 to 6.
Previous Decisions
Maha Lok Adalat passed order on 16th September, 2012 on the change report.
Issues
Whether the writ petition challenging the Maha Lok Adalat order is maintainable given the delay of over two years in filing.
Submissions/Arguments
Petitioner argued that the order of the Maha Lok Adalat was erroneous. Respondent nos. 4 to 6 filed an affidavit in reply opposing the petition. The court noted the delay and lack of explanation.
Ratio Decidendi
A writ petition under Article 226 of the Constitution of India challenging an order of a Lok Adalat must be filed within a reasonable time. A delay of over two years without any explanation is fatal and the petition is liable to be dismissed on the ground of delay and laches.
Judgment Excerpts
The challenge in this Petition under Article 226 of the Constitution of India, is to the order passed by the Maha Lok Adalat on 16th September, 2012 on a change report filed by the Respondent Nos. 4 to 6 under Section 22 of the Bombay Public Trust Act, 1950.
The Petition is of the year 2014. The challenge is to the order dated 16th September, 2012. There is a delay of more than two years. No explanation is offered for the delay. Hence, the Petition is barred by delay and laches.
Procedural History
The Maha Lok Adalat passed an order on 16th September, 2012 on a change report under Section 22 of the Bombay Public Trust Act, 1950. The petitioner filed Writ Petition No. 5105 of 2014 in the Bombay High Court challenging that order. Notice for final disposal was issued on 18th November, 2014. An affidavit in reply was filed by respondent nos. 4 to 6. The petition was heard and dismissed on 24th March, 2015.
Acts & Sections
- Bombay Public Trust Act, 1950: 22
- Constitution of India: 226
