This was an oral order dismissing a writ application filed over four decades after the petitioner's employment ended. The Court held the application to be frivolous and barred by delay and laches, noting the petitioner failed to explain the 40-year gap.
Writ application dismissed as it is barred by delay and laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4084 of 2019
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Madan Sah, Son of Chaturbhuj Sah, Resident of Village and Post Kewata P.S. Dalsingsarai District Samastipur
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate For the State : Mr.Prasant Pratap, GP2 For Respondent Nos. 3to5 : Mr.Kaushal Kumar Singh, Advocate Mr.Abhishek Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 06-09-2022
As per records it appears that the petitioner’s engagement was coterminous with and at the pleasure of the Chairman of Bihar State Assembly, which engagement has admittedly come to an end on 13.07.1979. Writ application has been filed in the year 2019, about 40 years thereafter. There is not a whisper in the writ petition as to the circumstances based on which the matter has been filed after such a long delay.
The petitioner has indulged in some correspondence and has received a response on 21.12.2017 wherein the facts noted above have been stated.
Patna High Court CWJC No.4084 of 2019(3) dt.06-09-2022 2/2
The application is clearly an example of frivolous
litigation, and hopelessly barred by delay and latches.
Writ application is dismissed.
(Madhuresh Prasad, J)
shashank/-
U
3 issues framed by the court
Whether a writ application filed after a delay of approximately 40 years regarding terminated engagement can be entertained in circumstances where no explanation for the delay is provided.
Whether the writ petition is barred by laches and delay as it is an example of frivolous litigation.
Whether the writ application should be dismissed due to the long gap between the end of engagement and the filing of the petition.
Madan Sah
The State Of Bihar
The Principal Secretary, Parliamentary Works Department Government of Bihar
The Bihar Legislative Assembly
The Hon'ble Speaker, Bihar Legislative Assembly
The Secretary, Bihar Legislative Assembly
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
