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Dismissal of Writ Petition under Sabka Vishwas Scheme due to Delay The court dismissed the writ petition challenging an order under the SABKA VISHWAS(LEGACY DISPUTE RESOLUTION) SCHEME, 2019, due to the petitioner's delay ...
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Dismissal of Writ Petition under Sabka Vishwas Scheme due to Delay
The court dismissed the writ petition challenging an order under the SABKA VISHWAS(LEGACY DISPUTE RESOLUTION) SCHEME, 2019, due to the petitioner's delay in approaching the court after the scheme's expiry. Despite filing a representation in February 2020, the petitioner waited until after the scheme had lapsed to seek redress. The court emphasized the need for timely action and adherence to scheme deadlines, citing a similar case where relief was denied for the same reason. The writ petition, WPA 12807 of 2021, was dismissed without costs.
Issues: Validity of SABKA VISHWAS(LEGACY DISPUTE RESOLUTION) SCHEME, 2019; Delay in approaching the court after the scheme's expiry.
Validity of SABKA VISHWAS(LEGACY DISPUTE RESOLUTION) SCHEME, 2019: The petitioner challenged an order determining tax under the SABKA VISHWAS(LEGACY DISPUTE RESOLUTION) SCHEME, 2019, issued on 6th February, 2020. The respondent argued that the scheme expired in May 2020, rendering it non-existent and ineligible for relief. The petitioner contended that a representation was filed on 19th February, 2020, but the authorities delayed responding until 26th July, 2021. The court noted the delay in approaching the writ court after the scheme's expiry, emphasizing that the petitioner allowed the scheme to lapse before seeking redress. Referring to a similar case where relief was denied due to the scheme's expiration, the court dismissed the writ petition, WPA 12807 of 2021, without costs.
Delay in approaching the court after the scheme's expiry: The court was unconvinced by the petitioner's explanation for the delay in seeking judicial intervention post the scheme's expiration. Despite the representation filed in February 2020, the petitioner approached the court only after the scheme had lapsed. Citing a previous order dismissing a writ petition on a similar issue, the court declined to grant relief in this case, emphasizing the importance of timely action and adherence to scheme deadlines. Consequently, the writ petition was dismissed, highlighting the significance of complying with statutory timelines and the impact of delays on seeking legal remedies.
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