after 7 years suffers from delay and laches.
Petitioner being a fence sitter is disentitled to the relief.
W.P.31887/2010:- Hanumappa ... after 7 years suffers from delay and laches.
Petitioner being a fence sitter is disentitled to the relief.
W.P.33653/2010: Shylesh B.Kadri
laches and also, since the writ
petitioners therein are treated as fence sitters, they are not entitled to
the relief. The relevant paragraphs are reiterated ... given para 24 of the
impugned order are set aside.
"FENCE SITTERS"
30) No doubt the petitioners had legitimate
expectation about the selection
further submitted
that the distinction between vigilant litigants and fence-sitters has
been completely overlooked by the learned Single Judge.
According to learned counsel ... Judge erred in holding that respondent No. 1 was not a fence-sitter
merely because his writ petition was pending when subsequent
developments took place
claim of the appellants, has held that the
appellants are fence sitters and waited on the side lines as to the result of the
litigation ... laches
and also, since the writ petitioners therein are treated as fence sitters, they
are not entitled to the relief. The relevant paragraphs are reiterated
claim of the appellants, has held that the
appellants are fence sitters and waited on the side lines as to the result of the
litigation ... laches
and also, since the writ petitioners therein are treated as fence sitters, they
are not entitled to the relief. The relevant paragraphs are reiterated
counsel for the private respondents, strenuously urged that the petitioners are fence-sitters. There is a legal maxim 'lex vigilantibus non dormeintibus subvenit ... quote the observation of the Court in Ghanshyam Dass (supra) regarding fence-sitters. The Court held thus:
"26. On the other hand, where only
regard. It was, thus, stated that the respondent acted as a fence sitter and did not
himself come to the Court with any grievance ... Constitution of India, unless he explains such delay. A
fence-sitter, who watches the proceedings from a distance and comes to the Court
only after
regard. It was, thus, stated that the respondent acted as a fence sitter and did not
himself come to the Court with any grievance ... Constitution of India, unless he
explains such delay. A fence sitter, who watches the proceedings from a distance
and comes to the Court only after
they cannot take the
plea of fence sitter.
He submits that the meaning of fence sitter is that the persons
waiting for the litigation ... whether the applicants
/petitioners will be said to be fence sitter or not and the benefit which has been
extended to others can be denied
reported in
(2010) 12 SC 471, for a proposition that fence sitters cannot be
allowed to raise dispute or challenge the validity of an order ... approached the court and relief is given to those parties the
fence sitters who did not approach the court cannot claim that
such relief should
