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2024 Supreme(Online)(MP) 38566

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Gopal Soni – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Mayank Mishra,Advocate General

ORDER

In the instant petition is filed seeking a direction to the respondents to regularise his services from the date his juniors have been regualrised.

2. It is stated that the petitioner is working on daily wages since 14.8.1983. The persons who were engaged subsequent to him have been regularised by order dated 16.3.1998.

3. Counsel for respondents raises preliminary objection that the petition suffers from delay and latches. Even if the case of the petitioner is accepted, the cause of action had arisen in the year 1998 and the petitioner has approached this court after more than 26 years. Thus, the petitioner has been in slumber for a period of 26 years.

4. In the case of NDMC Vs. Pan Singh 2007 9 SCC 278, the Apex Court has opined that though there is no period of limitation providing for filing a writ petition under Article 226 of the Constitution of India, yet ordinarily a writ Signed by: VARGHESE NEUTRAL CITATION NO. 2024:MPHC-IND:34209 WP-868-2024 petition should be filed within a reasonable time.

5. It is settled law that mere submission of representation does not arrest the time and does not give rise to a fresh cause of action.

6. In C. Jacob Vs. Director of Geology and Mini

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