AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is barred by limitation from 57 days. Ignoring
the same, we have examined the merits of the case.
By the order impugned dated 6th May, 2016, the learned
Single Bench has dismissed the writ petition on the ground of
delay in filing the writ petition. Inter alia, learned Single Bench
noticed that no sufficient cause is given for causing inordinate
delay of more than one and half year in filing the writ petition. The
observations made in this regard by the learned Single Bench
reads as under:-
"Well it is true that for invoking supervisory
jurisdiction of this Court under Article 227 of the
Constitution, no period of limitation is prescribed but
an aggrieved party is required to approach the Court
within reasonable period. An unexplained delay of
more than 1 ? years and in some of the cases more
than 2 years is per se fatal and on this count alone,
the petitioners are liable to be non-suited.
Inordinate delay in filing the writ petitions and
lest without any sufficient cause is required to be
viewed seriously and State as a litigant cannot claim
any special treatment in such matters. While
considering the prayer for excusing delay, existence of
sufficient cause is sine qua non and delay cannot be
condoned for mere askance.
Supreme Court in Union of India & Ors. Vs.
Nripen Sarma : (2013) 4 SCC 57 has expressed deep
anguish over such kind of delay by State in majority of
matters and upheld the order passed by the Division
Bench whereby condonation of delay of 114 days in
filing the appeal was declined. The Court held,-
"4. We have also gone through the
condonation of delay application which was filed in the High Court. In our considered view, the High Court was fully justified in dismissing the appeal on the ground of delay because no sufficient cause was shown for condoning the delay.
The appellant has preferred this appeal against the final judgment dated 10.09.2007 before this Court. This appeal is also barred by limitation of 114 days. There is no satisfactory explanation for condonation of delay before this Court also.
The Union of India ought to have been careful particularly in filing this Civil Appeal because the Division Bench, by the impugned order, has dismissed the appeal before it on the ground of delay. It is a matter of deep anguish and distress that majority of the matters filed by the Union of India are hopelessly barred by limitation and no satisfactory explanations exist for condoning inordinate delay in filing those cases.
On consideration of the totality of the facts and circumstances, we are constrained to dismiss this appeal on the ground of delay. However, in the larger interest, we are keeping the question of law open."
Therefore, upon examining the matters in
entirety, I feel dissuaded to interfere with the
impugned orders passed by the BOR on merits as well
as delay and laches."
In appeal, learned Additional Advocate General Shri S.S.
Ladrecha appearing on behalf of the appellants failed to satisfy us
about the justifiable reasons for causing delay in filing the writ
petition. As such, we do not find any reason to interfere with the
judgment impugned specially when, the learned Single Bench also
refused to invoke its discretionary jurisdiction on the count of delay in occurred in the matter.
The appeal stands dismissed accordingly.