Krishna Kumar Mekhle v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 16 of 2017 Krishna Kumar Mekhle S/o Kartik Ram Mekhle, Aged About 42 Years (Scheduled Caste), R/o Village Rohrakhurd, P. O. Geedha, Tahsil, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh).......(Registration No. C.G./744/2002/ Adv.) ---- Appellant

Versus

1. The State Of Chhattisgarh Through : The Secretary, Vidhi Evam Vidhai Karya Vibhag, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Competent Authority District And Sessions Judge, Mungeli, District Mungeli (Chhattisgarh)

3. District Bar Association, Through : President, District Bar Association, Tahsil , Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)

4. Shrawan Kumar Rajput, S/o Shri Salik Ram Rajput, Aged About 47 Years R/o Village Chandli, Thana & Tahsil Pathariya, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)...........Registration No. C.G./2022/1996/ Adv.)

5. Vijay Kumar Sharma, S/o Late Shri Lakhan Lal Pandey, R/o Bhatgaon, Tahsil Pathariya, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)...........Registration No. C.G./94/1990/ Adv.)

6. Bal Mukund Shukla, S/o Shri Ravinandan Lal Shukla, Aged About 48 Years R/o Village Chorbhatti, Ward No. 11, Nagar Panchayat, Pathariya, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)...........Registration No. C.G./1768/1998/ Adv.)

7. Radheshyam Sahu, S/o Late Shri Bhuklu Ram Sahu, Aged About 51 Years R/o Nagar Panchayat Sargaon, Ward No. 5, Tahsil Pathariya, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)...........Registration No. C.G./105/2001/ Adv.)

8. Dilip Kumar Kaushik, S/o Late Shri Mulchand Kaushik, Aged About 48 Years R/o Village And Post Bawli, Block Pathariya, Tahsil Pathariya, Civil District Mungeli, Revenue District Bilaspur (Chhattisgarh)...........Registration No. M.P./1768/1998/ Adv.) ---- Respondents

For Appellant : Shri Punit Ruparel, Advocate.

For Respondent/State : Shri Y.S.Thakur, Additional Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Judgment on Board Per Deepak Gupta, Chief Justice 01/02/2017 1.

This writ appeal is directed against the judgment dated 07.12.2016 passed by the learned Single Judge of this Court dismissing Writ Petition (C) No. 2290 of 2016 filed by the Petitioner on the ground that it is barred by the principles of delay and laches.

2.

The undisputed facts are that the Petitioner alongwith Respondent No. 8 and others applied for being appointed as Notary Public for Tehsil Pathariya, District Mungeli for a period of five years w.e.f 19.06.2014. 3.

The case of the Petitioner is that he is better qualified than Respondent No. 8 who has been appointed. The learned Single Judge has not gone into merits of the case and in our opinion, rightly so. The Petitioner is a lawyer. The Respondent No. 8 was appointed as Notary Public on 20.06.2014. The Petitioner was also an applicant to the said post. Instead of approaching this Court, he filed a complaint before His Excellency the Governor. No statutory appeal or representation lies to His Excellency the Governor. If the Petitioner was actually aggrieved, he should have approached this Court immediately. He has filed this petition after more than 21⁄2 years and therefore, the learned Single Judge was justified in dismissing the writ petition.

4.

The appeal has no merit and is accordingly dismissed. Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Amit