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2008 Supreme(SC) 756

TARUN CHATTERJEE, HARJIT SINGH BEDI
Ashok Kumar – Appellant
Versus
State of Bihar – Respondent


ORDER

1. Leave granted.

2. This appeal is directed against an order dated 24th of January, 2007 passed by a Division Bench of the High Court of Judicature at Patna in LPA No. 1348 of 2005 by which the writ petition filed by the writ petitioner/appellant was dismissed not on merits but on the ground of delay and latches.

3. On grant of leave, we have heard the learned counsel for the parties. Having heard the learned counsel for the parties and after examining the orders of the High Court, viz., the order of the Division Bench impugned in this appeal and the order of the learned Single Judge, we are of the view that the Division Bench as well as the learned single Judge of the High Court were not justified in rejecting the writ petition as well as the writ appeal on the ground of delay and latches as the writ petitioner i.e. the appellant had moved the writ petition before the High Court against the decision of the State Government only in 1996, i.e. after 4 years from the date of passing of such order. The Division Bench as well as the learned Single Judge, in our view, had committed an error in holding that the pendency of the review/representation of the writ petitioner/appellan

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