J AND K CEMENT PRODUCTS TH PUNIT KUMAR AGGARWAL v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT JAMMU AND OTHERS
WP(C)/1116/2025 · 2025-05-06
Rahul Bharti
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 3150 (JK) · dailylaw.ai ]
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- WP(C) No. 1116/2025 CM No. 2639/2025
J and K Cement Products Through its Partner Sh. Punit Kumar Aggarwal, Age 42 years S/O Sh. Harish Kumar Aggarwal R/O H. No. 12-13, Lane No. 2, Shakti Nagar, Jammu …..Petitioner(s)
Through: Mr. Sudesh Sharma, Advocate.
Vs
1. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary to Govt.
Rural Development Department,
Civil Secretariat, Jammu.
2. Director, Rural Development Department, Jammu.
3. Assistant Commissioner Development, Jammu
(Gramin Vikas Bhawan, Talab Tillo, Jammu).
4. Assistant Commissioner Development, Samba.
5. Block Development Officer, Akhnoor.
6. Block Development Officer, Bishnah.
7. Block Development Officer, Dansal.
8. Block Development Officer, Khour.
9. Block Development Officer, Suchetgarh.
10. Block Development Officer, Sumb.
11. J&K Small Scale Industries Development
Corporation, Industrial Estate Gangyal, Jammu
Through its Divisional Manager. .….Respondent(s) Through:
Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER (06.05.2025)
01. By reference to ‘Annexure-III’ at page 31-32, the petitioner clearly referred itself set upon to avail remedy, with respect Serial No. 77
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WP(C) No. 1116/2025 CM No. 2639/2025
to its alleged unpaid claims in terms of the supplies made, by taking recourse to Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. ‘Annexure-III’ to the writ petition is a final reminder to the Assistant Development Commissioner, Samba.
02. In the face of this, the institution of the present writ petition with the purpose to secure money claim alleged to be due in favour of the petitioner for the supplies made way back in the year 2017 is nothing but a shortcut being resorted to by the petitioner without accounting for delay and laches in the matter of approaching this Court with the present writ petition.
03. Writ jurisdiction doors are not meant to be open for all time to come any litigant to walk in at any given point of time unmindful of the fact that the doctrine of delay and laches is a guard stationed at the outpost of writ jurisdiction for an indolent litigant to first respond to said guard and then earn an entry into the jurisdiction.
04. This writ petition is held to be seriously afflicted with delay and laches and, therefore, dismissed.
05. The dismissal of this writ petition shall not count as prejudice to the right of the petitioner to seek recovery of the alleged money claim in case if the claim of the petitioner in the eyes of law is maintainable by reference to the legal remedy which the petitioner may intend to invoke.
06.
Disposed of.
(RAHUL BHARTI) JUDGE JAMMU
06.05.2025
Bunty
Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2025.05.07 11:53 I attest to the accuracy and integrity of this document Jammu