WPMS/2203/2020
2021 Latest Caselaw 2079 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 28th DAY OF JUNE, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


             Writ Petition (M/S) No.2203 of 2020

BETWEEN:
  M/s Bora Varnish Udyog
                                                    .....Petitioner
       (None present)

AND:

     State of Uttarakhand & Others
                                                .....Respondents

       (Mr.    T.S.   Phartiyal,   Addl.   C.S.C.   for    State     of
       Uttarakhand/respondents)


                           JUDGMENT

There is no representation for the petitioner. Heard Mr. T.S. Phartiyal, learned Additional Chief Standing Counsel for the State of Uttarakhand - respondents through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 10.05.2010 passed by the respondent no.3 (contained as Annexure No.1 to this writ petition).

       ii)     Issue a writ, order or direction in the
               nature    of    mandamus         directing      the

concerned respondents to fulfill every

formalities in regard to establishment of unit and register the same in light of order and judgment dated 11.10.1999 passed by the Hon'ble Allahabad High Court (contained as Annexure No.5 to this writ petition).

3. A counter affidavit has been filed by Shri Kundan Kumar, Divisional Forest Officer, Haldwani Forest Division, Haldwani, on behalf of respondent nos.2 and 3. In para 9 of the counter affidavit, the issue of delay and limitation has been raised and it has been contended that there is delay of more than 10 years in filing the writ petition and the delay and laches has not been explained. In para 10 of the writ petition, doubt has been raised regarding ownership of Shri Dheerendra Singh Bora (the proprietor of the petitioner firm) over the property.

4. This Court finds substance in the preliminary objection raised by Shri T.S. Phartiyal, learned Addl. C.S.C., on behalf of the respondents. The order impugned in the writ petition was passed on 10.05.2010, whereby petitioner's application for registration for a new unit, was rejected on certain grounds. Petitioner has approached this Court more than 10 years after passing of the impugned order. In the entire writ petition, there is no plausible explanation for the delay and laches.

5. In such view of the matter, this Court is not inclined to entertain this writ petition after a period of more than 10 years. Accordingly, writ petition is dismissed on the ground of delay and laches.

6. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Rajni