The High Court of Bombay, Nagpur Bench dismissed the writ petition filed against an appointment order. The Court held that the petition suffered from delay and laches as the civil remedy pursued was neither available nor legally permissible.
Petition dismissed as barred by delay and laches.
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
Writ Petition No. 5365/2007 (Sumitra Bhimrao Sahare VERSUS The Child Development Officer & others)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Mr. N.R. Saboo, counsel for the petitioner.
CORAM : D.D.SINHA AND
SMT. VASANTI A. NAIK, JJ. DATE : NOVEMBER 30, 2007.
Heard Mr. Saboo, the learned counsel for the petitioner.
This writ petition is directed against the order dated 31.10.2002 passed by the Child Development Project Officer, Integrated Child Development Services Scheme Project, Kuhi whereby respondent no.3 came to be appointed on the post of 'Anganwadi Madatnis'. The counsel for the petitioner has submitted that since the petitioner was pursuing the civil remedy before the civil Court, there was a delay caused, and therefore, same may be condoned.
It is difficult for us to accept the contention canvassed by the learned counsel for the petitioner, particularly when the remedy was neither available
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nor it was legally permissible. Ignorance of law is no excuse. Therefore, in our consideration, petition suffers from delay and latches and the same is dismissed.
JUDGE
JUDGE
APTE
1 issue framed by the court
Whether the writ petition suffers from inordinate delay and laches given the petitioner's pursuit of civil remedy.
Sumitra Bhimrao Sahare
The Child Development Officer
D.D. Sinha
Vasanti A. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
