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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Courts have also clarified that mere filing of applications without timely consideration does not entitle applicants to automatic relief, and that delay can be a ground for dismissal or denial of mandamus ["P. Nataraju, Since Deceased By His Lrs,- Smt. B. Eswaramma, (W/o. Late Sri P. Nataraj) vs S. Venkataram, S/o. Late Sri. Y. Subba Rao - Karnataka"], ["A. H. SHERIFF S/O HYDROSE VS STATE OF KERALA - Kerala"].
Analysis and Conclusion:
References:- ["J. Rangaswamy VS Govt. of A. P. - Supreme Court"]- ["vs - Kerala"]- ["vs - Kerala"]- ["MEENAKSHI DAUGTHER OF LATE SH. MANOHAR SINGH JI SHEKHAWAT Vs. DISTRICT AND SESSIONS JUDGE - Rajasthan"]- ["Bihari Lal Paliwal VS State of Rajasthan - Rajasthan"]- ["P. Nataraju, Since Deceased By His Lrs,- Smt. B. Eswaramma, (W/o. Late Sri P. Nataraj) vs S. Venkataram, S/o. Late Sri. Y. Subba Rao - Karnataka"]- ["A. H. SHERIFF S/O HYDROSE VS STATE OF KERALA - Kerala"]- ["JAMEELA P.V. vs MULLOORKKARA GRAMA PANCHAYAT - Kerala"]
Imagine filing an important application with government authorities—perhaps for a license, appointment, or approval—only to hear nothing for a full decade. Frustrated, you consider approaching the High Court with a writ of mandamus to force a decision. But is this a winning strategy, or does the passage of time doom your petition?
Many applicants face this dilemma: seeking writ of mandamus for consideration of an application after 10 years from the date of making application as no orders are passed on those applications. This post explores the legal landscape, drawing from key judicial precedents, to explain why such petitions often falter due to the doctrine of laches, while highlighting rare exceptions.
Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
A writ of mandamus is a powerful tool under Article 226 of the Constitution of India, directing public authorities to perform their statutory duties. It's typically sought when an application lingers indefinitely without decision. However, courts exercise this remedy discretionarily and scrutinize long delays rigorously.
The core issue is laches—unreasonable delay in pursuing rights, prejudicing the other side or altering circumstances. Courts have ruled that no fixed timeline bars petitions, but delays of 10 years or more demand compelling justification [
#WritOfMandamus, #LegalDelay, #LachesDoctrine
Though the petitioner has now filed what purport to be aplications for directions in the above civil appeal, writ petition and review petitions, what the petitioner is seeking in substance is a review of the earlier orders of this Court in the writ petition as well as the Civil Appeal. ... without having any qualifications therefor and also for the issue of a writ of mandamus directing the State Government to appoint the petitioner to the above post of Professor. ... ....
Date : 30.10.2014. ... The Writ Petition is accordingly disposed of. No costs. ... It is only seeking change of affiliation from one Mrs.Jadhav, learned counsel for the University submits that Pravara Rural Education Society's Women's College of Home Science and Bachelor of Computer aplications
Aggrieved by Ext.P2 and similar orders of assessment under section 153A of the Act for the years 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14 and 2014-15, the petitioner preferred Exts.P10 to P16 appeals before the second respondent. ... The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on the said aplications for stay. Exts.P3 to P9 are the demand notices issued to the petitioner while completing the ....
The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on the said aplications for stay. ... Aggrieved by Ext.P2 and similar orders of assessment under section 153A of the Act for the years 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14 and 2014-15, the petitioner preferred Exts.P10 to P16 appeals before the second respondent ... Needless to say that until orders a....
The respondent-writ petitioners knocked on the doors of the High Court of Calcutta only in the year 2015 i.e. after a lapse of nearly ten years from the date of making the application for compassionate appointment. ... The writ petition was withdrawn by adopted son of deceased government servant on 29.03.2023. After withdrawal of writ petition filed by Mr. Rajendra Singh, the petitioner submitted an application on 17.10.2023 for #HL....
Now the learned counsel for the writ petitioner has filed a memo seeking permission to withdraw the writ petition. ... The writ petitioner, who claims to be a responsible politician, seeks a writ of mandamus directing the Vigilance and Anti- Corruption Bureau to register a crime ... EXHIBIT P28 TRUE COPY OF THE APLICATIONS DATED 29/06/2019 PREFERRED BEFORE THE CHIEF SECRETARY. ... OF THE GOVERNMENT ORDER DATED 15/10/2018 EXHIBIT....
The Trial Court has not passed orders on both the applications. ... If that is so, it is for the Trial Court to consider the said application and dispose of the same at the earliest. The said application has been pending consideration before the Trial Court for the last six years. ... However, having regard to the fact that no orders are passed on the applications filed by the petitioner/plaintiff even after the lapse of more than six years....
However, no orders were passed by the District Collector on Ext.P1 for more than four years. Later, Ext.P1 was rejected by the District Collector by Ext.P4 order dated 21.09.2023. In Ext.P4, it is stated that pending Ext.P1 application, the Government have issued G.O. ... dealt with according to the rules in force as on the date of disposal of the application despite the fact that there is long delay since the making of the application. ... force at ....
on which the impugned order was passed. ... This group of four aplications under section 378(4) of the Code of Criminal Procedure is filed before this court the applicants were directed to give fresh notice to the respondents-accused making ... From the order it is obvious that it was seeking leave to appeal against the order of dismissal p style="position:absolute;white-space:pre;margin:0;padding:0;top:548pt;left
on which the impugned order was passed. ... This group of four aplications under section 378(4) of the Code of Criminal Procedure is filed before this court the applicants were directed to give fresh notice to the respondents-accused making ... From the order it is obvious that it was seeking leave to appeal against the order of dismissal p style="position:absolute;white-space:pre;margin:0;padding:0;top:548pt;left
Admittedly, the deceased employee passed away on 17.5.2009 and the very application of the writ petitioner dated 5.10.2017, seeking compassionate appointment i.e., after a lapse of 8 years from the date of death of the deceased employee/father of the writ petitioner. Thus, there is no infirmity in respect of the order passed by the respondent. Thus, the same is to be implemented strictly in accordance with the terms and conditions stipulated.
Those aspects do not appear to have any direct and reasonable nexus with the aspect as to whether the said candidates covered by sub-clauses (a) and (b) of Clause 7 are retired from service or not. For instance, in Clause 7 of Ext.P-3 produced in W.P.(C). No.28221/2016, sub clauses (a) and (b) thereof makes a differentiation solely with reference to whether the candidate who is seeking enrolment after 5 years is making an application for enrolment within 10 years after acquisition of the LLB Degree or after 10 years from the acquisition of the LLB Degree. Whereas sub-clause....
After more than two months of making the said representation, the petitioner filed a writ petition in W.P.No.22068 of 2008, claiming that the application for renewal is pending and seeking a Writ of Mandamus to forbear the respondent from interfering with his right to continue quarrying operations till the expiry of another 5 years from the date of expiry of the original lease. 2008, seeking extension of the lease for a further period of 5 years on the ground that the quarry granted to him on lease was a virgin quarry and that therefore by virtue of Rule 8(8) of The Tamil N....
5. 1999 directed the Tahsildar to dispose of the application filed by the petitioner for mutation entry within three months from the date of communication of the order. When no orders were passed on the said application he filed a Writ Petition before this Court in W. P. No. 15909/1999 seeking a writ of mandamus to the Tahsildar to consider and dispose of his application on merits expeditiously. 367/1986 the order was passed in his favour and he has become the owner of the property.
The petitioner has now come to this Court, Inter alia, submitting that he made his best efforts to pass the examination but unfortunately could not. It is also submitted by him that after amendment of the rules he made an application to the State Government seeking exemption from passing the departmental examination and as the application for exemption was pending consideration, no orders could be passed against the interest of the petitioner.
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