Delay and laches prevent relief in writ petitions; unexplained delays can lead to dismissal regardless of the nature of the claim.

ASHWANI KUMAR MISHRA , J. (ORAL)

CM-6569-LPA-2025 Prayer in the present application is for condonation of delay of

173 days in filing the present appeal.

For the reasons stated in the application, the same is allowed and delay of 173 days in filing the present appeal is condoned.

LPA-2611-2025 (O&M)

This appeal arises out of an order passed by the learned Single Judge on 22.01.2025 whereby the writ petition filed by the appellant in respect of his claim for technical scale w.e.f. 01.05.1990 has been dismissed.

It is undisputed that the cause of action for filing the writ petition accrued to the petitioner in 1990 when such technical scale was granted to him. No grievance was raised thereafter. The petitioner continued in service and ultimately retired in 2007. During his entire period of service, no issue, in this regard, was ever raised. The writ petition has been filed for the first time in 2021 which is 14 years after his retirement. The learned Single Judge had dismissed the petition on the ground of unexplained latches by relying upon a judgment of the Supreme Court in ' Mrinmoy Maity Vs. Chhanda Koley and others , 2024 SCC Online SC 551. The observations of the Supreme Court contained in Para 9 to 11 have been noticed and are reproduced hereinbelow:-

“9. Having heard rival contentions raised and on perusal of the facts obtained in the present case, we are of the considered view that writ petitioner ought to have been non-suited or in other words writ petition ought to have been dismissed on the ground of delay and latches itself. An applicant who approaches the court belatedly or in other words sleeps over his rights for a considerable period of time, wakes up from his deep slumber ought not to be granted the extraordinary relief by the writ courts. This Court time and again has held that delay defeats equity. Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action.

10. The discretion to be exercised would be with care and caution. If the delay which has occasioned in approaching the writ court is explained which would appeal to the conscience of the court, in such circumstances it cannot be gainsaid by the contesting party that for all times to come the delay is not to be condoned. There may be myriad circumstances which gives rise to the invoking of the extraordinary jurisdiction and it all depends on facts and circumstances of each case, same cannot be described in a straight jacket formula with mathematical precision. The ultimate discretion to be exercised by the writ court depends upon the facts that it has to travel or the terrain in which the facts have travelled.

11. For filing of a writ petition, there is no doubt that no fixed period of limitation is prescribed. However, when the extraordinary jurisdiction of the writ court is invoked, it has to be seen as to whether within a reasonable time same has been invoked and even submitting of memorials would not revive the dead cause of action or resurrect the cause of action which has had a natural death. In such circumstances on the ground of delay and latches alone, the appeal ought to be dismissed or the applicant ought to be non-suited. If it is found that the writ petitioner is guilty of delay and latches, the High Court ought to dismiss the petition on that sole ground itself, in as much as the writ courts are not to indulge in permitting such indolent litigant to take advantage of his own wrong. It is true that there cannot be any waiver of fundamental right but while exercising discretionary jurisdiction under Article 226, the High Court will have to necessarily take into consideration the delay and l