Ku. Sonam Ghore v. State Of Chhattisgarh

WA No. 236 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 236 of 2019 • Ku. Sonam Ghore, D/o Shri Virendra Ghore, Aged About 35 Years R/o Chandra Shekhar Azad Nagar, Devrikhurd District Bilaspur Chhattisgarh.

---- Appellant

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Education, Mahanadi Bhawan Naya Raipur Chhattisgarh.

2. Chief Executive Officer, Janpad Panchayat, Katghora District Korba Chhattisgarh.

3. The Collector, Korba District Korba Chhattisgarh.

4. District Education Officer, Korba, District Korba Chhattisgarh.

5. Block Education Officer, Katghora, District Korba Chhattisgarh.

6. Chhattisgarh Professional Examination Board, Raipur Chhattisgarh.

---- Respondents For Appellant :- Mr. Kalpesh Ruparel, Advocate.

For Respondent-State :- Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Shri Parth Prateem Sahu,J.

Judgment On Board By Prashant Kumar Mishra, Ag. CJ 24/04/2019

1. I.A.No.1, application for condonation of delay of 215 days in filing the appeal.

WA No. 236 of 2019

2. On due consideration, the application is allowed and the delay in filing the appeal is condoned.

3. Heard on admission.

4. After accrual of cause of action in the year 2008 when the appellant was not allowed to join the duties, the writ petition was filed on 22.05.2018 i.e., after delay of 10 years without offering any explanation much less any satisfactory explanation explaining the delay. As a matter of fact the petitioner has stated in para 7 of the writ petition that there is no delay in filing the writ petition. Thus, the petitioner did not make any effort to explain the delay.

5. Learned Single Judge has referred the law laid down by the Supreme Court in the matter of State of Uttaranchal and Another v. Shiv Charan Singh Bhandari and Others 2013

(12) SCC 179, New Delhi Municipal Council v. Pan Singh and Others 2007 (9) SCC 278 and Chennai Metropolitan Water Supply and Sewarage Board and Others v. T.T. Murali Babu 2014 (4) SCC 108 to dismiss the writ petition holding that it suffers from inordinate delay and laches.

6. Having heard learned counsel for the appellant at length we are not inclined to take any different view in the matter. Accordingly, this writ appeal is dismissed.

SD/- SD/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Ayushi