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Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

Sparsh Upadhyay
6 March 2022 11:21 AM GMT
Rights Accrued To Others Due To Delay In Approaching Court Shouldnt Be Disturbed If Delay Is Unexplained: Allahabad High Court
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The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ Petition filed seeking a direction to...

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.

The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ Petition filed seeking a direction to the Government Authority to take a decision on the representation filed by the petitioner more than 12 years ago.

One Prasiddh Narayan Yadav/Petitioner was appointed as a Driver in January 2009 and a show-cause notice was issued to him in February 2010 with respect to the fact as to why his services be not terminated on the ground that he has concealed the fact regarding pendency of the criminal case against him.

Further, the petitioner has submitted his reply to the show-cause notice in February 2010 itself but nothing had been done. Now, in this regard, the petitioner, after 12 years approached the Court seeking a direction to the authority to take a decision on his reply.

Before the Court, the Standing Counsel as well as the counsel for the government authorities submitted that the writ petition is hopelessly barred by limitation, as they submitted that pursuant to the show cause notice issued in February 2010, the petitioner had slept over his rights for more than twelve years.

It was further contended by them that not even a single word had been mentioned in the writ petition with regard to delay in filling same.

Against this backdrop, at the outset, the Court held that it is settled law that the person, who is not vigilant and dormant about his right, cannot be allowed to agitate his right. Further, the Court stressed that the vested rights of the parties should not be disrupted at the instance of a person, who is guilty of culpable negligence.

"The time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay," the Cort added.

Referring to the Apex Court's ruling in the case of Northern Indian Glass Industries Vs. Jaswant Singh & ors., AIR 2003 SC 234, the High Court observed that it can't ignore the delay and laches in approaching the writ court and that there must be a satisfactory explanation by the petitioner as how he could not come to the Court well in time.

Further, the Court also referred to the case of Printers (Mysore) Ltd. Vs. M.A. Rasheed & Anr. (2004) 4 SCC 460, wherein the Apex Court had held that the High Court should dismiss the writ petition on the ground of unexplained inordinate delay.

In view of the aforesaid, finding no good ground to entertain the present writ petition, the Court dismissed the instant plea on the ground of inordinate delay.

Case title - Prasiddh Narayan Yadav v. State Of U.P. And 2 Others
Case Citation:2022 LiveLaw (AB) 92

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