Dismissed¶20

U.O.I. Thru. Secy. Ministry of Defence New Delhi and 3 Others v. IC-47740-A Col. Anil Kumar Mishra (Retd.)

Allahabad HC27 Feb 2026WRIA/2389/2026

Case brief

AI extract

What is this about?

Maintainability - delay and laches: writ petition by Union of India (Ministry of Defence) against Armed Forces Tribunal, Lucknow judgment dated 22.08.2024 in O.A. No. 102 of 2023, filed 19.02.2026; delay explanation (departmental examination and approval processing) held unsatisfactory; petition dismissed on that ground alone; no statute or precedent cited. Keywords: delay and laches; promptness in filing writ petitions; Armed Forces Tribunal challenge by Union of India; WRIT-A Allahabad High Court Lucknow Bench.

What did the court decide?

Although no limitation is prescribed for filing a writ petition, a person has to approach promptly and within reasonable time. ¶13

U.O.I. Thru. Secy. Ministry of Defence New Delhi and 3 Others vs IC-47740-A Col. Anil Kumar Mishra (Retd.) — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 2389 of 2026

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U.O.I. Thru. Secy. Ministry Of Defence New Delhi And 3 Others

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.....Petitioner(s)

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Versus

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Ic-47740-A Col. Anil Kumar Mishra (Retd.)

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.....Respondent(s)

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Counsel for Petitioner(s) : Harsha Yadav
Counsel for Respondent(s) :

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Court No. - 1

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HON'BLE RAJAN ROY, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J.

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1. Heard.

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2. This petition has been filed by the Union of India challenging the Judgment and order dated 22.08.2024 passed by the learned Armed Forces Tribunal, Regional Bench, Lucknow in Original Application No. 102 of 2023.

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3 . Although, no limitation is prescribed for filing a writ petition nevertheless, a person has to approach promptly and within reasonable time. In the case at hand, the petition has been filed on 19.02.2026 challenging a judgment dated 22.08.2024.

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4. On being asked to demonstrate the explanation for the delay, learned counsel invited our attention to paragraph no.18 of the writ petition, which reads as under:-

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"18) That although the instant writ petition is not statutorily however on the said subject, the petitioner submit that the impugned order is dated 22.08.2024. Thereafter, the matter was examined at the level of petitioner no.1, which decided that the matter was fit for challenge vide a writ petition. Thereafter, some time was consumed in processing of approvals in the Department and preparation of the instant matter. As such, the delay in approaching this Hon'ble Court is unintentional and bonafide."

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5. The contents of the above quoted paragraph are hardly a satisfactory explanation for the delay. Apparently, the petition suffers from delay and laches. The petitioners have been negligent in not

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WRIA No. 2389 of 2026

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filing the writ petition within reasonable time of the impugned judgment having been passed.

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6. We see no reason to entertain this petition which suffers from such delay and laches. Accordingly, the petition is dismissed only on this ground.

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February 27, 2026 Praveen

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(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

U.O.I. Thru. Secy. Ministry of Defence New Delhi and 3 Others v. IC-47740-A Col. Anil Kumar Mishra (Retd.)

Case brief

What is this about?

What did the court decide?

U.O.I. Thru. Secy. Ministry of Defence New Delhi and 3 Others v. IC-47740-A Col. Anil Kumar Mishra (Retd.)

Case brief

What is this about?

What did the court decide?

What the court decided

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