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W.P.(C)/623/2020 of CHANDER MOHAN Vs UNION OF INDIA AND ANR.

Court
Delhi High Court
Decision date
2020-03-04
Case number
623/2020

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Statutes cited (4)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 623/2020 CHANDER MOHAN ..... Petitioner

..... Petitioner

Through: Mr.Ravinder Singh, Ms.Priyam Agarwal, Ms.Raveesha Gupta, Advs.

versus

UNION OF INDIA AND ANR. ..... Respondents Through: Mr.Vikram Jetly, CGSC with Mr.Nikhil Bhardwaj, Adv. for R-1-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 20.01.2020

CMs 1705-06/2020

Exemption allowed, subject to all just exceptions.

WP(C) 623/2020

This petition has been filed by the petitioner challenging the order/letter dated 15.07.2019 issued by the respondents as also for the writ of mandamus directing the respondents to release the maturity amount invested in 10 National Saving Certificates vide Registration No.DO-015011 to 015020.

The petitioner had earlier filed writ petition being WP(C) No.18486/2004 tilted Chander Mohan vs. UOI. The same was dismissed by this Court by its order dated 03.12.2004, on the ground of delay and laches. It was further held that on this ground no direction can be passed in the writ petition, however, the respondents were still directed to make an endeavour to locate the records and if the same are located, to process the claim of the petitioner. Three

months were granted to the respondents to communicate the result of such exercise to the petitioner. The petitioner claims that the petitioner did not receive any communication from the respondent thereafter, but kept representing to the respondents.

Eventually, by the Impugned orders/communications dated 05.06.2018 and 15.07.2019, the Department of Posts has reiterated that the records are not traceable.

In my view, these letters will not give fresh cause of action to the petitioner. In fact, even after dismissal of the earlier petition on the ground of delay and laches, there is absolutely no justification for the petitioner to have waited for another period of 16 years before filing the present petition.

The petition is therefore, dismissed.

JANUARY 20, 2020 RN

NAVIN CHAWLA, J