The writ petition inviting a challenge to the Odisha Administrative Tribunal was dismissed due to excessive delay of 19 years and latches, as the matter had remained stalled since 2004.
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W.P.(C) No. 2128 of 2003
By way of this writ petition, petitioner-State has
challenged the order dated 31.07.2000 passed by the Odisha Administrative Tribunal, Circuit Bench, Sambalpur in O.A. No. 4(S)/99.
The impugned order of the Tribunal was of the year 2000 and in the meantime 19 years have elapsed. Secondly, though this writ petition was filed since 2002, it appears from record that the matter was last listed on 4.10.2004 and on that date the notice was issued to the opposite parties, however, the notice could not be issued due to non-filing of requisites by the petitioners. Thereafter, no step whatsoever was taken by the petitioners either to file the requisites or to get the matter listed before the Bench.
In view of the above, at this stage, after lapse of 15 years it will not be appropriate for this Court to issue notice afresh.
The writ petition is accordingly dismissed on the ground of delay and latches.
.……..........………… ( K.S. Jhaveri ) Chief Justice
……………….…….. ( K.R. Mohapatra) Judge
AD
1 issue framed by the court
Whether the writ petition can be admitted despite a lapse of 19 years delay and failure to act after listing in 2004.
State
Opposite Parties
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
