Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN
Manjulata Bag – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
HARISH TANDON, CJ.
1. The writ petition filed by the petitioner-appellant is dismissed by the single Bench solely on the ground of delay and laches. It is expressly indicated in the impugned order that though there is no period of limitation for filing the writ petition before the High Court provided in the Limitation Act yet the Court may refuse to entertain a belated writ petition on the ground of delay and laches. There appears to be a delay of one and half year from the date of an accrual of the cause of action which is also indicated in the impugned order. The single Bench proceeded simpliciter on the basis that there is no explanation offered in the writ petition for such delay which invites dismissal in limine.
2. The counsel for the appellant submits that there was in fact no delay in approaching the Court and, therefore, the single Bench cannot hold that there has been a conscious delay and laches attributable to his conduct in approaching the Court.
3. Mr. Dash, learned Additional Government Advocate submits that there has been a considerable delay which is noticed by the single Bench and there is no fetter on the part of the writ Court in dismissing the writ petit
Court discretion under Article 226 is influenced by delay; unreasonable delays may bar relief, yet petitions filed within standard limitations need not require explanations.
Point of Law : Limitation - Delay/Latches - Doctrine of laches in Courts of Equity cannot be said to be a technical doctrine and has to be examined on peculiar facts and circumstances of each case. D....
Inordinate delay in filing appeal lacks satisfactory explanation, mandating dismissal under principles of delay and laches, emphasizing that delay defeats equity.
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.
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 ....
The court established that delay and laches in filing a writ petition can result in dismissal, emphasizing the need for timely action in legal proceedings.
Unexplained delay in seeking relief under Article 226 of the Constitution of India may lead to the dismissal of the petition.
Delay and laches affect the right to relief in writ petitions; excessive delay can preclude the court from exercising discretion favorably.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
