Delhi High Court
Union Of India & Ors. vs Ek Nk Bhupal Singh on 3 February, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.02.2025
+ W.P.(C) 1283/2025 & CM APPL. 6331-32/2025
UNION OF INDIA & ORS. .....Petitioners
Through: Mr.R. Venkat Prabhat, SPC
with Mr.Abhinav M. Goel,
Ms.Kamna Behrani, Mr.Ansh
Kalra, Advs. along with Maj.
Anish Muralidhar, Indian
Army.
versus
EK NK BHUPAL SINGH .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
1. By the present petition, the petitioner challenges the Order
dated 02.03.2020 passed by the learned Armed Forces Tribunal,
Principal Bench, New Delhi, in O.A. No. 89/2017, titled Ex NK
Bhupal Singh v. Union of India & Ors.,
2. The present petition has been filed only on 30.01.2025, that is,
with a delay of almost 5 years.
3. In this regard, we may draw reference to the Judgment of the
Supreme Court in Chennai Metropolitan Water Supply & Sewerage
Board v. T.T. Murali Babu, (2014) 4 SCC 108, wherein the Court has
held as under:-
"16. Thus, the doctrine of delay and laches
should not be lightly brushed aside. A writ
court is required to weigh the explanation
offered and the acceptability of the same. The
court should bear in mind that it is exercising
an extraordinary and equitable jurisdiction. As
a constitutional court it has a duty to protect
the rights of the citizens but simultaneously it
is to keep itself alive to the primary principle
that when an aggrieved person, without
adequate reason, approaches the court at his
own leisure or pleasure, the court would be
under legal obligation to scrutinise whether
the lis at a belated stage should be entertained
or not. Be it noted, delay comes in the way of
equity. In certain circumstances delay and
laches may not be fatal but in most
circumstances inordinate delay would only
invite disaster for the litigant who knocks at
the doors of the court. Delay reflects inactivity
and inaction on the part of a litigant -- a
litigant who has forgotten the basic norms,
namely, "procrastination is the greatest thief
of time" and second, law does not permit one
to sleep and rise like a phoenix. Delay does
bring in hazard and causes injury to the lis."
4. From the above, it would be apparent that a petition filed with
delay and laches may not be entertained by the Court as it may cause
inequity to the opposite side.
5. In view of the above, only on the ground of delay and laches,
we refuse to entertain the present petition.
6. The same is, accordingly, dismissed.
NAVIN CHAWLA, J
SHALINDER KAUR, J
FEBRUARY 3, 2025/rv/DG
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