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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Gyanu Thapa – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ petition seeks quashing of an order. (Para 1) |
| 2. petitioner claims illness caused joining delay. (Para 2 , 3 , 4) |
| 3. respondents counter the petitioner's claims. (Para 5) |
| 4. court considers delay in joining the post. (Para 6 , 7) |
| 5. unexplained delay undermines relief. (Para 8 , 12 , 13) |
| 6. article 226 jurisdiction is discretionary. (Para 9 , 10 , 11) |
| 7. petition dismissed for lack of merit. (Para 14 , 15) |
ORDER :
1. The present writ petition has been filed for quashing letter no.4487 dated 29th July, 2009 (Annexure-1 to the writ petition) issued under the signature of the Commandant, Jharkhand Armed Police-1, Ranchi-respondent no.5, whereby a decision was taken not to entertain the petitioner’s representation. Further prayer has been made for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Bigular Sipahi (Bigular Constable). The petitioner has also prayed for issuance of direction upon the respondent no.4 to dispose of his representation dated 18th September, 2009.
2. Learned counsel for the petitioner while assailing the impugned order dated 29th July, 2009 submits that pursuant to Advertisement no.02
Unexplained delays in seeking judicial relief can negate one’s entitlement to writs, asserting that legal aid favors the vigilant.
Delay and laches can bar a writ petition, and nonjoinder of necessary and proper parties can render a petition not maintainable.
Writ petitions are subject to implicit limitations; unreasonable delays can bar claims regardless of merit, and necessary parties must be included for maintainability.
Delay defeats equity and law favors the vigilant and not the indolent. Unexplained delays and inordinate laches are relevant in writ actions, and there are implicit limitations of time within which w....
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