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MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
Birbal Ram Meghwal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Heard.
2. This appeal is directed against the order dated 20.09.2021 passed by the learned Single Judge by which petitioner's writ petition was dismissed on the ground of latches.
3. The order of the learned Single Judge shows that learned Single Judge was not inclined to exercise his discretionary jurisdiction in exercise of its power under Article 226 of the Constitution of India because the appellant had approached the writ court by filling petition after 15 years and that too, without giving any explanation whatsoever as to why he could not approach the court for almost one and a half decades.
4. Though, the order of learned Single Judge does not show that any other contention was raised before the learned Single Judge, learned counsel appearing for the appellant, at the appellate stage, has sought to raise an issue that the order against which the writ petition was filed gave a recurring cause of action because the effect of the order was that in times to come, the appellant's benefit in terms of increments and all other benefits to which he would have been entitled, but for the impugned order, would have continued in his entire service. For this purpose, he has placed
The discretionary nature of jurisdiction under Article 226 of the Constitution of India requires prompt approach to the court, and unexplained delay and latches could be a basis to refuse to exercise....
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Inordinate delay in approaching a Writ Court can be a relevant factor for the exercise of equitable jurisdiction.
The High Court may refuse to exercise discretionary writ jurisdiction under Article 226 of the Constitution in cases involving inordinate, unexplained delay (laches), particularly when the claim seek....
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
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