NIKHIL S. KARIEL
Priteshbhai Mansingbhai Vasava – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned advocate Mr. Vaibhav Vyas on behalf of the petitioner and learned AGP Mr. Sahil Trivedi on behalf of the respondent – State.
2. By way of this petition, the petitioner challenges and order dated 04.06.2016 whereby the services of the petitioner as a Secretary of a Gram Panchayat Mankan, Taluka: Karjan has been terminated by the Deputy District Development Officer (Panchayat), District Panchayat, Vadodara. At the outset, considering the delay of 8 years in challenging the order, upon being called upon learned advocate Mr. Vyas would submit that the petitioner had never given up his challenge against the impugned order more particularly according to learned advocate, the petitioner had upon the order being passed, had preferred an appeal before the District Development Officer on 17.07.2016 and whereas upon the petitioner being informed that no decision was required to be taken upon the appeal of the petitioner, he had preferred a representation dated 26.10.2016, it is further submitted by learned advocate Mr. Vyas that the petitioner had constantly approached the District Legal Services Authority and later the High Court Legal Services Authority for appropriat
Bhoop Singh v. Union of India [(1992) 3 SCC 136 : (1992) 21 ATC 675 : (1992) 2 SCR 969
Chennai Metropolitan Water Supply & Sewerage Board and others v. T.T. Murali Babu
Durga Prashad v. Chief Controller of Imports and Exports [(1969) 1 SCC 185 : AIR 1970 SC 769]
Maharashtra SRTC v. Shri Balwant Regular Motor Service [(1969) 1 SCR 808 : AIR 1969 SC 329]
Moon Mills Ltd. v. Industrial Court [AIR 1967 SC 1450]
Rabindranath Bose v. Union of India [(1970) 1 SCC 84 : AIR 1970 SC 470]
State of M.P. v. Nandlal Jaiswal [(1986) 4 SCC 566 : AIR 1987 SC 251]
State of M.P. v. Bhailal Bhai [AIR 1964 SC 1006 : (1964) 6 SCR 261]
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
The main legal point established in the judgment is that explanations for delay in filing petitions must be supported by cogent evidence, and insufficient explanations cannot warrant condonation of d....
Delay and laches can bar relief in writ petitions, especially when the petitioner fails to assert rights in a timely manner, rendering the case devoid of merits.
The main legal point established in the judgment is that a petitioner cannot revive a dead cause of action through representations after a gross delay, and specific undertakings made by the petitione....
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
Inordinate delay in filing a writ petition under Article 226 can bar relief, emphasizing that applicants must act within a reasonable timeframe to preserve their rights.
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