BHOONDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of Constitution of India with a prayer that this court should give directions to the respondent/Union of India (Land Acquisition Collector) to dispose of application of the petitioner filed under Section 28-A of Land Acquisition Act.

(2.) As per the averments made in the petition, the petitioner made an application under Section 28-A of Land Acquisition Act on 8th July, 1987 vide diary No.639. His contention is that this application was not decided and he filed C.M. (M) No.544 of 1999. This petition was dismissed in default on 9th September, 2003. He made an application for restoration which was not pressed by him on the ground that the cause of action for filing a fresh petition was still available with him. The application for restoration was dismissed on 4th December, 2007 therefore, he has filed the present petition.

(3.) I consider that the present petition is a gross misuse of judicial process. Neither Land Acquisition Collector nor Union of India is a court/tribunal sub-ordinate to High Court where High Court can exercise its supervisory power under Article 227. The petition is misconceived. Secondly, this petition is liable to be dismissed on the ground of delay and latches. The petitioner allegedly filed his application in the year 1987. Till year 1999, he kept on sleeping and thereafter, he filed a C.M. (M) i.e. a petition under Article 227, which he did not prosecute.