← Library
Patna High CourtCWJC/538/2019disposed

Md. Israil @ Md. Israil Ansari v. The State Of Bihar And ANR

2019-09-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.538 of 2019 ====================================================== Md. Israil @ Md. Israil Ansari Son of Late Mohammad Yakub, Resident of Village- Mubarakpur, P.O.- Enai, P.S.- Rivilganj, District- Saran at Chapra. ... ... Petitioner

Versus

1.

The State Of Bihar through Inspector General (Registration) Bihar Patna 2.

The Commissioner-cum-District Registrar, Saran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Respondent/s :

Mr. Dhirendra Kumar AC to Aag6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2019 Counsel for the respondents points out that the order of punishment, which is dated 14.2.2002 and directs reduction of basic scale, with holding promotion in future and payment of no dues other than subsistence allowance for the period of suspension, has been assailed in these proceedings instituted in the year 2019 and thus the writ petiton is barred by delay and latces.

As per averments in the writ petition the same is raising an issue arising out of order of punishment after 17 years. It is not only a case of delay, but latches also inasmuch as the order of punishment has never been challenged before any higher authority. There is nothing on record to show why the petitioner has approached this court after such a long and inordinate delay, that also without availing remedy before the

Patna High Court CWJC No.538 of 2019(4) dt.19-09-2019 2/2 higher authorities.

Writ petition is barred by delay as well as latches.. Attention of the court is drawn to Annexure 3 whereby the petitioner has claimed for certain payment from District Registrar, Saran Chapra. In respect of the same, however, this Court would direct the District Registrar (respondent No. 2) to examine the claim and appropriate orders in accordance with law should be passed disposing of the same by a reasoned and speaking order and making payments of due and admissible amount.

The writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U