Vishnu Mishra S/O Shri ... vs The State Of Rajasthan
2023 Latest Caselaw 585 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Special Appeal (Writ) No. 1178/2022

                                      In

              S.B. Civil Writ Petition No. 4474/2011

Vishnu Mishra S/o Shri Madhavacharya Mishra, Aged About 58
Years, B-12, Dhruv Marg, Tilak Nagar, Jaipur (Rajasthan).
                                                                  ----Appellant
                                  Versus
1.     The State of Rajasthan, Through Secretary to the
       Government        of    Rajasthan,            Industrial   Department,
       Secretariat, Jaipur (Rajasthan).
2.     The Commissioner, Department of Industries, Udhyog
       Bhawan, Tilak Marg, Jaipur (Rajasthan).
3.     Ramawatar Sharma S/o Shri Damodarlal Sharma, 103,
       Shripuram, Gurjar Ki Thadi, New Sanganer Road, Jaipur.
                                                               ----Respondents

For Appellant(s) : Ms. Madhu Meena, Advocate for Mr. Mukesh Kumar Meena, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

17/01/2023

Heard.

Though, learned counsel for the appellant raised issue on

merits of the case with regard to the appellant's claim for

appointment on the higher post of Inspector Weight and

Measures, we find that the appellant was appointed on the post of

Assistant Inspector Weight and Measures way back in the year

1987 and the writ petition itself was filed claiming appointment on

(2 of 2) [SAW-1178/2022]

the post of Inspector in the year 2011, i.e., after inordinate delay

of twenty four years.

Though it is a settled legal position that irrespective of the

length of delay, a properly explained delay could be accepted and

matter could be examined on merits, we are afraid that the

appellant has failed to offer any explanation whatsoever. Grant of

relief under Article 226 of the Constitution of India is discretionary

in nature. Where the party is guilty of delay and laches which have

not been explained, that alone may form the basis to refuse the

grant of discretionary relief. That is what has been done by the

learned Single Judge and with which, we find no fault, nor any

ground for interference.

The appeal is without any merit and the same is, accordingly,

dismissed.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /5

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