The District Collector - Cum- Chairman, Dsc-2012, v. R.Laxmi Kumari,
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.7700 of 2016 Date:10.3.2016 Between:
The District Collector-cum-Chairman, Srikakulam District and three others.
....Petitioners And:
R.Laxmi Kumari, D/o Sitaram and another.
.....Respondents Counsel for the petitioners: GP for Services (AP) Counsel for the Respondents: None appeared The Court made the following:
ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Certiorari to quash order, dated 18.6.2013, in Original Application No.1734 of 2013 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal'). A perusal of the impugned order shows that the same was passed nearly three years back. No explanation worth- considering has been offered by the petitioners for the inordinate delay in filing the Writ Petition.
The law is well settled that though no limitation is stipulated for invoking the jurisdiction of this Court under
Article-226 of the Constitution of India, an aggrieved party is bound to avail this remedy within a reasonable time and that, a Writ Petition is liable to be dismissed if delay is not properly explained without reference to its merits. (See State of Madhya Pradesh v.
Bhailal Bhai[1], Tilokchand Motichand v.
H.B.
Munshi[2], P.S.
Sadasivaswamy v. State of T.N.[3], Mafatlal Industries Ltd.
v.
Union of India[4] and Roshan Lal v.
International Airport Authority of India [5]). On the facts of the case and in the light of the law laid down by the Apex Court in the afore-mentioned judgments, we are not inclined to entertain the Writ Petition only for the reason of unexplained laches and the same is, accordingly, dismissed on this ground alone. As a sequel to dismissal of the Writ Petition, WPMP.No.9809 of 2016 filed by the petitioner for interim relief is dismissed as infructuous.
____________________________ JUSTICE C.V.NAGARJUNA REDDY ____________________ JUSTICE M.S.K.JAISWAL 10th March 2016 DR [1] AIR 1964 SC 1006 [2] AIR 1970 SC 898 [3] (1975) 1 SCC 152 [4] JT 1996 (11) SC 283 [5] AIR 1981 SC 597