J And K Cement Products vs Union Territory Of Jammu And Kashmir on 6 May, 2025

Jammu & Kashmir High Court

J And K Cement Products vs Union Territory Of Jammu And Kashmir on 6 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                        Serial No. 77


 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
2 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