Order on Board

12/12/2019

1. The challenge in the present writ petition is to the order dated

08.06.2015, passed by the respondent No.2-Commissioner in case No. 98/A-90C(1)/2015.

2. At the outset, this Court is of the view that the writ petition suffers from inordinate delay laches and therefore is not sustainable.

3. Perusal of the record would show that earlier also the petitioner had preferred a writ petition that to was in the year 2017, which was later on withdrawn in July, 2017 and again the present writ petition has been filed after more than 2 years' time. The explanation provided by the petitioner explaining the delay is not found satisfactory at all.

4. So far as the delay and latches are concerned, the law in this regard is by now well settled by a series of decisions of the Hon'ble Supreme Court. The question of delay and laches came to be considered recently by the Supreme Court in case of “State of Uttaranchal and Another v. Shiv Charan Singh Bhandari and Others”, reported in 2013 (12) SCC 179 in which the court has declined to exercise extraordinary jurisdiction in case the petitioner invokes jurisdiction of Court with inordinate delay, and held as under :

"In State of T.N.