1

D.B.SPECIAL APPEAL (WRIT) NO. 137/05

(Surja Ram & Ors. Vs. State of Raj. & Ors.)

Date : 26.10.2006

HON'BLE MR. RAJESH BALIA,J.

HON'BLE MR. GOPAL KRISHAN VYAS,J.

Mr. Varun Goyal, for the appellant.

Mr. N.L.Joshi, for the respondents.

Having heard learned counsel for the

parties. We are of the opinion that no case is

made out for interfering in the order passed by

learned Single Judge dismissing

the writ

petition filed by the appellant on the ground of

gross latches.

Petitioner filed the writ petition No.

4330/04 DR(J) on 28.7.88 with multiple defects

which were not attended to by the petitioner for

almost five months.

The petitioner had challenged the order

dated 16.2.65, certified copy which was not

plaed on record. It was urged before learned

Single Judge that petition does not challange

the order dated 16.2.65 but is only refering the

same for explaning

the facts and sought

dispensation of filing the certified copy of the

order. However, it is clear that in the fact in

2

first instance petitioner preferred a writ

petition alleging that order dt. 16.2.65 was not

given effect to 20 years and when it was soug