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Home Constitution of India

Writ – Delay 

by PLRonline
November 3, 2021
in Constitution of India, Various Acts
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Writ – Delay  – Neither the University nor the Government of India was made a party to the proceedings before the Land Tribunal though Mysore Palace was made a party, it has nothing to do with the lands in question at the relevant point of time –  The lands in question did not vest in the State Government on the appointed date, namely, 1.03.1974 but it belongs to University – . On coming into force the Karnataka Land Reforms Act, 1961 R filed a declaration seeking occupancy right in respect of the said land –  After contest, the Land Tribunal granted occupancy right in respect of the said land in favour of R .  It is only when the Deputy Commissioner informed the University that some persons are trying to get the records changed in their names on the basis of the order of the Land Tribunal, the University took steps to challenge the said order – The records produced before us clearly establishes that the University has taken steps to challenge the said order diligently thereafter – We are of the view that the High Court was not justified in dismissing the writ petitions on the ground of delay and latches.

UNIVERSITY OF MYSORE V. RAJAIAH (DEAD) by Lrs., 2018 SCeJ 728

Tags: Delay and lachesWrit
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