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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Md. Badrul Hoque, Son Of Late Aftan Ali – Appellant
Versus
State Of Assam, Represented By The Additional Chief Secretary To The Govt. Of Assam, Department Of Tribal Affairs (Plain) – Respondent
| Table of Content |
|---|
| 1. petitioner claims pending payments since 2016. (Para 2 , 3 , 4) |
| 2. court's reluctance to entertain delayed petitions. (Para 5 , 8 , 9) |
| 3. delay and laches impact equitable relief. (Para 6 , 7) |
| 4. writ petition dismissed, alternative civil court option. (Para 10 , 11) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. K. Uddin, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R. Dhar, the learned counsel appearing on behalf of the Tribal Affairs Department, Government of Assam and Mr. B. Gogoi, the learned counsel who appears on behalf of the PWD as well as the Finance Department.
2. The present writ petition has been filed by the petitioner seeking a mandamus directing the respondents to make payment of an amount of Rs.2,14,398/-.
3. It is pertinent to take note from the materials on record that the petitioner was issued a work order on 05.02.2014 by the Superintending Engineer, PWD, Silchar Building Circle, Silchar.
4. It is the case of the petitioner that the petitioner upon completion of the work submitted bills to the tune of Rs.8,94,791/- in the year 2015 and out of the said an amount, certain payments were made. The last payment was made on 18.11.2016
The court will not entertain petitions filed after excessive delay, as it undermines the rights of other parties and contradicts the principles of equitable jurisdiction.
The principle of delay and laches precludes a litigant from being entertained for judicial relief when there is excessive delay without adequate justification, impacting the rights of other parties.
Excessive delay in approaching the court undermines writ jurisdiction, necessitating dismissal of claims lacking timely justification.
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