Chheda Lal vs Union Of India And 5 Others
2021 Latest Caselaw 1132 ALL

Citation : 2021 Latest Caselaw 1132 ALL
Judgement Date : 19 January, 2021

Allahabad High Court

Chheda Lal vs Union Of India And 5 Others on 19 January, 2021

Bench: Munishwar Nath Bhandari, Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- WRIT - A No. - 541 of 2021
 
Petitioner :- Chheda Lal
 
Respondent :- Union Of India And 5 Others
 
Counsel for Petitioner :- Shekhar Chaudhary
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the petitioner and Sri Manoj Kumar Singh, learned counsel for the respondents.

By this writ petition, a challenge is made to the order dated 01.5.2015 passed by Armed Forces Tribunal, Regional Bench, Lucknow. The challenge to the impugned order is made after lapse of five years without justifying laches.

Delay cannot be condoned on the ground that the petitioner was having poor financial condition but why legal aid was not taken from State Legal Services Authority rather subsequently filed the writ petition from his own sources. The delay is fatal for the reason that the order of Armed Forces Tribunal is appellable before the Apex Court. The limitation for it has been provided. Thus even if we consider this writ petition to be maintainable in the light of the judgment of Apex Court in the case of Balkrishna Ram vs. Union of India and Another in Special Leave Petition (Civil) No.6999 of 2017 dated 09.01.2020, the cause for delay in filing of the writ petition was required to be explained satisfactorily. The financial constraint cannot be a ground to condone the delay of five years, as stated above.

Thus, we do not find any reason to cause interference in the order dated 01.05.2015 as the writ petition suffers from laches. It is accordingly dismissed.

Order Date :- 19.1.2021