Vice Chancellor And ANR. v. Dr. A. K. Agrawal Assoc. Professor And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 144 of 2015

1. Vice Chancellor, Indira Gandhi Krishi Vishwavidyalaya, Krishak Nagar, Raipur (C.G.)

2. Registrar, Indira Gandhi Krishi Vishwavidyalaya, Krishak Nagar, Raipur (C.G.) .

---- Appellants

Versus

1. Dr. A.K. Agrawal (Assoc. Professor) s/o Shri K.N. Agrawal, aged about 42 years, Deptt. of College of Dairy Technique, IGKV, Raipur (C.G.) Residential Address: G/43, Krishak Nagar, IGKV, Raipur C.G.

2. Indian Council of Agricultural Research through Secretary, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi.

3. Union of India, through Secretary, Ministry of Agriculture, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi.

4. State of Chhattisgarh through Secretary, Department of Agriculture, Raipur (C.G.) ---- Respondents For Appellants :

Shri B.D. Guru, Advocate.

For Respondent Nos.1 & 2 :

Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, Advocate.

For Respondent No.3 :

Shri R.K. Kesharwani, Advocate.

For Respondent No.4/ State :

Shri R.K. Gupta, Deputy Advocate General.

HON'BLE SHRI NAVIN SINHA, ACTING CHIEF JUSTICE & HON'BLE SHRI PRITINKER DIWAKER, J.

Order On Board Per NAVIN SINHA, ACTING C.J.

31/03/2015 1.

I.A. No. 01 of 2015 has been filed to condone delay of 1889 days in filing the present appeal arising out of Writ Petition No.544 of 2002 disposed with a batch of approximately over 30 writ applications.

2.

The Appellants originally filed only one Writ Appeal No.106 of 2011 with regard to the analogous order in Writ Petition No. 254 of 2002. The writ appeal was dismissed on 22.01.2015 by a reasoned order on the ground of a selective appeal having been filed even while no appeal had been filed in the other writ petitions with which the Appellants were aggrieved also. 3.

Writ Appeal No. 106 of 2011 was dismissed alongwith Writ appeal No.449 of 2010 preferred by Respondent No.2. In Writ Appeal No.449 of 2010, the present Appellants were impleaded as Respondent Nos.2 and 3. 4.

Against the order in Writ Appeal No. 449 of 2010, M.C.C. No. 143 of 2015 was preferred for review to recall the order dated 22.01.2015 as the Petitioner therein had decided to prefer separate writ appeals against each order in the writ petition. The review application was dismissed on 23.03.2015.

5.

In the meantime, Writ Appeal No. 81 of 2015 and several other writ appeals were filed subsequently by the present Respondent No.2 alongwith the applications for condoning 1862/1863 days of delay which was dismissed on 17.03.2015 by a reasoned order declining to condone delay. 6.

We have heard Counsel for the parties.

7.

The present appeal is also barred by 1889 days of delay. The explanation for the delay is similar as that in Writ Appeal No. 81 of 2015. 8.

Writ Appeal No. 147 of 2015 filed by the present Appellant arising out of the common order in the batch of writ applications has already been dismissed by us on 27.03.2015 declining to condone delay of 1889 days for the reasons discussed hereinabove following the order dated 17.03.2015 in Writ Appeal No. 81 of 2015. Several other appeals have also been

dismissed on that basis declining to condone delay. For the same reasons we decline to condone the grave and extraordinary delay of 1889 days in the present appeal for which no sufficient cause has likewise been furnished. 9.

I.A. No. 01 of 2015 for condonation of delay is dismissed. 10.

Consequently, the appeal itself fails.

(Navin Sinha) (P. Diwaker) ACTING CHIEF JUSTICE JUDGE sunita