Case Note & Summary
The case involved a writ petition filed by M/s Rasulpur Bricks Udhyog in 1994 concerning a lease and the cancellation of a Brick Kiln licence. The lease was granted through a resolution dated 16.2.1993 for a period of three years, which was set to expire on 30.5.1996. As the lease period had lapsed, the court noted that there were no fresh instructions regarding the petitioner's possession of the land in dispute. Consequently, the court determined that the writ petition had become infructuous due to the efflux of time and disposed of it accordingly. However, the court granted the petitioner the liberty to file an appropriate application if the dispute still subsisted. The decision was rendered by Hon’ble Mr. Justice Gurmeet Singh Sandhawalia on 14.9.2012.
Headnote
A) Writ Jurisdiction - Infructuous Petition - Dismissal of Writ Petition - Constitution of India, 1950 - The writ petition filed in 1994 regarding the lease and cancellation of the Brick Kiln licence was rendered infructuous due to the expiry of the lease period on 30.5.1996. The court held that the petitioner could file an appropriate application if the dispute still existed (Paras Not mentioned).
Issue of Consideration
Whether the writ petition has become infructuous due to the efflux of time.
Final Decision
The court dismissed the writ petition as infructuous due to the expiry of the lease period on 30.5.1996, allowing the petitioner to file an appropriate application if the dispute still existed.
Law Points
- Writ jurisdiction
- Lease agreements
- Cancellation of licenses
