Jaychand Sharma Vs. Nagar Palik Nigam Mudwara Katna

Jaychand Sharma vs Nagar Palik Nigam Mudwara Katna

Type Court Judgment Court Madhya Pradesh Decided Aug 28, 2012

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Citation: sooperkanoon.com/1042579
Court: Madhya Pradesh High Court
Decided On: Aug 28, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Jaychand Sharma

Advocate Shri. S.P.Tripathi

Respondent

Nagar Palik Nigam Mudwara Katna

Excerpt

w.p.no.13007/2012 (jaichand versus nagar palika nigam, mudwara) 28.08.2012 heard shri s.p.tripathi, learned counsel for the petitioner on the question of admission. the petitioner has filed this petition praying for a direction to the respondent to reimburs.rs.95,290/- to the petitioner which was required to be paid by him towards stamp duty for registration of the house in his name allegedly on account of delay in registration being caused by the respondent. it is submitted that as the delay has occurred on account of the lapse on the part of the respondent, therefore, the petitioner is entitled to reimburs.of loss and damages caused to him of rs.95290/- which he was required to pay towards the stamp duty. apparently, the petitioner has filed this petition claiming loss and damages and the issue as to whether the respondent is responsible for the same requires to be adjudicated by a competent court as it involves several disputed questions of fact and the appropriate remedy of the petitioner is to file a civil suit for loss and damages caused to him, if so advised. in the circumstances, a writ petition cannot be entertained as the aforesaid disputed questions of fact cannot be decided by this court in exercise of its extraordinary powers conferred under articles 226/227 of the constitution of india. accordingly, the writ petition filed by the petitioner is dismissed. (r.s.jha) judge msp

Full Judgment

W.P.No.13007/2012 (Jaichand versus Nagar Palika Nigam, Mudwara) 28.08.2012 Heard Shri S.P.Tripathi, learned counsel for the petitioner on the question of admission.

The petitioner has filed this petition praying for a direction to the respondent to reimbuRs.Rs.95,290/- to the petitioner which was required to be paid by him towards stamp duty for registration of the house in his name allegedly on account of delay in registration being caused by the respondent.

It is submitted that as the delay has occurred on account of the lapse on the part of the respondent, therefore, the petitioner is entitled to reimbuRs.of loss and damages caused to him of Rs.95290/- which he was required to pay towards the stamp duty.

Apparently, the petitioner has filed this petition claiming loss and damages and the issue as to whether the respondent is responsible for the same requires to be adjudicated by a competent court as it involves several disputed questions of fact and the appropriate remedy of the petitioner is to file a civil suit for loss and damages caused to him, if so advised.

In the circumstances, a writ petition cannot be entertained as the aforesaid disputed questions of fact cannot be decided by this court in exercise of its extraordinary powers conferred under Articles 226/227 of the Constitution of India.

Accordingly, the writ petition filed by the petitioner is dismissed.

(R.S.Jha) Judge msp

Same Court & Year Madhya Pradesh · 2012 Same Parties Jaychand Sharma vs Nagar Palik Nigam Mudwara Katna Same Subject Education