Om Niwas Rastogi vs State Of U.P. & Others
2012 Latest Caselaw 2710 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 56508 of 2008
 

 
Petitioner :- Om Niwas Rastogi
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Umesh Shankar
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Prakash Krishna,J.

Challenging the order dated 31st October, 1983, the present writ petition has been filed. It has been pointed out by Stamp Reporter that the present writ petition is barred by laches of 21years and 268 days. The delay has been sought to be explained in paragraphs- 10 & 11 of the writ petition. For the sake of convenience, those paragraphs are reproduced below.

"10. That due to being handicapped besides his poverty the petitioner could not approach this Hon'ble Court and remained begging for his appointment at least in compliance with the G.O. and orders of this Hon'ble Court referred to above, but all in vain.

11. That utter poverty and his being handicapped was the sole impeding cause for approach this Hon'ble Court at this late stage by somehow arranging for necessary expenses, hence delay in this matter may kindly be condoned in the interest of justice particularly in view of the fact that respondents themselves are guilty of flouting the G.O. referred to above by denying the lawful employment to the petitioner in the circumstances herein before stated."

Having heard the learned counsel for the petitioner, I am not inclined to interfere in the matter at this distance of time. The explanation given by the petitioner is not satisfactory to explain such a long delay.

The writ petition is dismissed on the ground of laches.

(Prakash Krishna,J)

Order Date :- 5.7.2012

MK/