D J ENTERPRISES Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS money was due to the petitioner on 31.3.92. After 31.3.92 there is no acknowledgement OR behalf of the authority. So, prima facie this application is barred by limitation being beyond the period of 3 years. By filing application under Article 226 of the Constitution of India the claim which has been extinguished by operation of limitation cannot be revived and/or resusciated. In view of that matter, this writ application shall stand dismissed. It is made clear that even if the claim is barred by limitation, that shall not wipe out the liability of the Govt. to make the payment. The Govt. may even now make the payment if it desires. Mr. Mahanta, learned Govt. Advocate assures that he will instruct the department to look to the matter and do the needful.